coal consigned was reweighed at Mughalsarai and upon
finding there was overloading, penalty of Rs. 18,94,498/- became due as was
demanded from ... order to
take punitive charge for overloading a wagon, the
concerned parties must be given intimation of the
overloading and once the goods have been
freight rate subject to satisfactory
performance by the leaseholder, without any penalty for
overloading or violation of any provision of the contract."
OMP (COMM ... lumpsum leased freight
rate subject to satisfactory performance without any penalty of overloading
or violation.
7. As noted above, the petitioner had filed petition under
consigned
was re-weighed at Mughalsarai and upon finding there was overloading, penalty
of Rs. 18,94,498/- became due as was demanded from
punitive charge is not a matter of
option and the penalty for overloaded wagons is mandated by law, in all
contingencies where the railway wagons ... automatic imposition of penalty. It was further held that
imposition of penalty is a coercive measure and, therefore, the order of penalty
should
checking of overloaded vehicles and in the year 2013-14
121471 vehicles were challaned for overloading and ₹86 crores was
recovered as penalty. From ... vehicles
were challaned for overloading and penalty in the sum of ₹115
crores was levied. To enforce the law, as is evident from the reply
erred in deleting
the disallowance as the overloading charges is nothing but a penalty as per
Provision of section 73 of the Indian Railway ... erred in deleting
the disallowance as the overloading charges is nothing but a penalty as per
Provision of section 73 of the Indian Railway
expenditure of Rs.37,000/- has been claimed on
account of penalty for overloading. These items of
expenditure cannot be treated as revenue account ... detailed above which is in the nature of
capital expenditure/penalty, the balance is allowable as
revenue expenditure. The appellant is allowed
consequential relief
lieu of
overloaded material. That instruction to abide by
said term are issued from time to time to
remind the stipulation regarding overloading.
That ... level and Regional level that in case the
overloading is noticed to impose penalty with
direction to the transporter to deposit the same
with
called penalty
freight. This liability was not considered as penal
nature and allowed. In assessee's case also the
overloading charges ... penalty but as a compounding fee under an option given to assessee for
transporting of over dimensional consignment generally termed as overloading
charges and hence
Petitioner and his
submissions were considered. The Petitioner indicated other instances of
overloading where the Railways had granted extension to such lease holders
despite being ... only if there were four instances of overloading.
Under clause 1.7 of the CPLP, "the penalty of blacklisting is mandatorily to
be imposed
