85472 33136

02May
Waiver of Penalty

Posted by NK

Dear Sir, Kindly let me know that is there any provision to waive the penalty imposed under Rule 15(1) of the CENVAT Credit Rules, 2004 if the demanded amount and applicable interest paid before the issuance of the Order -In-Original. Is there any provision in Central Excise to get the waiver of penalty imposed under other section after the issuance of the order. Regards, NK

there is no provision for waiver of penalty under rule 15(1). the penalty is imposed in terms of section 11AC of CEA. If the notice is under sec 11A the provisions of sec 11AC(1)(b),(c) is applied for reduced penalty (50% or 25%). There is no provisions for waiver of penalty after issue of order.