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2012 (12) TMI 171 - AT - Central ExcisePenalty on broker dealing the goods liable to confiscation - appellant acted as a broker only and was not concerned with issuance of invoices without supply of goods - prior to 1-3-07, the provisions of Rule 26(2)(ii) were not available - Hon’ble High Court has held that in spite of non-applicability of Rule 26(2) penalty could be levied as the appellant in that case was concerned in selling or dealing with the goods which were liable to confiscation - Rule 25(1)(d) and Rule 26(1) were also applicable – Held that:- Said observations were made in respect of the persons concerned with the selling of the goods and issuance of the invoices - appellant neither sold the goods nor issued the invoices and has acted only as a broker on commission basis - penalty has been imposed upon on him under Rule 26 without mentioning any sub-rule - appellant is entitled to unconditional stay from the condition of pre-deposit as also from recovery
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