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2014 (4) TMI 183 - AT - Central ExciseWaiver of pre deposit of penalty - Clandestine manufacture and removal of final product - Held that:- The company manufacturing final product and evading duty on the finding of clandestine removal has already been sold. The appellants have not made out a prima facie case so as to dispense with the condition of pre-deposit. Though we agree that recovery is required to be made against the company and the said fact cannot be made the basis for deciding the quantum of penalty on the present Director but we find that the adjudicating authority has discussed and has taken into consideration ample evidence for imposing penalty. As such we note that there is evidence in the shape of statement of various persons which reflect upon the role played by the Director. We also agree with the ld. A.R. for Revenue that financial status of the present applicant has not been fully & correctly revealed by him. The same is only as regards the present scenario and there is nothing to show about his earning as the Director of the company - Conditional stay granted.
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