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2014 (9) TMI 70 - AT - Central ExciseDuty demand on employee of Company - Suppression of production and clandestine removal - Held that:- Penalty has been imposed on the Managing Director of the assessee firm under Rule 26 of Central Excise Rules, 2002. Rule 26 provides that for imposition of penalty on any person, if such person had dealt with goods which he knew was liable for confiscation. In the present case, neither in the show-cause notice nor in the adjudication order, is there any proposal or findings to the effect that the goods are liable to confiscation. In the absence of such a proposal or finding imposition of penalty under Rule 26 cannot be prima facie sustained - waiver from pre-deposit of penalty adjudged against the appellant and stay recovery thereof during the pendency of the appeal is granted - Stay granted.
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