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2015 (10) TMI 1667 - CESTAT NEW DELHIWaiver of pre deposit - Imposition of penalty - Held that:- It appears that during the course of audit, it was learnt that M/s. Ind Synergy Ltd. did not remit the Excise Duty to the full extent mentioned in the invoices covering transaction of sale to the appellant, Therefore, proceedings were initiated against M/s. Chopra Brothers, the appellant herein and other traders/dealers, manufacturer of the billets and against M/s. Jai Sidh Yogi Steel Rolling Mills. These proceedings culminated in the primary adjudication order dated 4-10-2010 whereby the specified penalty was imposed on M/s. Ind. Synergy Ltd. and penalty of ₹ 39,910/- was imposed on the appellant, M/s. Chopra Brothers. Penalty was also imposed on the other dealers. - Since it is not alleged that the appellant had passed on a credit of Duty in excess what was mentioned in invoices under which it had purchased billets and sold these to M/s. Jai Sidh Yogi Steel Rolling Mills, imposition of penalty on the appellant is illegal. Imposition of penalty without establishing any culpability cannot be sustained. The order passed by the primary Authority as confirmed by the Appellate Commissioner, New Delhi cannot therefore, be sustained. - Decided in favour of assessee.
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