Penalty under Rule 96 ZP of Central Excise Rules not sustainable as SC struck down Rule

Purvi Bharat Steel Ltd. Vs Commissioner of Central Excise and Customs Bhubaneswar (Orissa High Court) High Court held that as Supreme Court having struck down Rule 96 ZP of the Central Excise Rules in toto, the question of sustaining the penalty imposed thereunder against the Appellant does not arise. FULL TEXT OF THE JUDGMENT/ORDER OF ORISSA HIGH COURT 1. On 15th May, 2019 while admitting the present appeal the following questions were framed: “(b)Whether levy of penalty was justifiable when the Revenue Department itself had delayed in computation of Annual Capacity of Production (ACP) whic...