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2011 (8) TMI 184 - CESTAT, AHMEDABADPenalty under Section 11AC - Clandestine removal - Held that apex Court has held that provisions of Section 11AC would automatically get attracted when there is clandestine removal.Upholding the penalty imposable on the assessee under Section 11AC of Central Excise Act, 1944, we give option to the assessee to pay the penalty equivalent to 25% of the amount of duty confirmed personal penalties - find that the individuals are either partners or directors of the assessees - It is on record that all these partners and directors have categorically stated in their statement recorded under Section 14 of Central Excise Act, that they were having the knowledge of clandestine removal of the goods, without being reflected in the books of accounts - If that be so, we cannot sustain the impugned order setting aside the imposing of penalties on the individuals - On a specific query from the Bench, it has been informed that the statements recorded were not retracted - . The impugned orders to the extent of setting aside the personal penalties on the Director and Partners under Rule 26 is not sustainable,
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