TMI Blog2018 (8) TMI 1579X X X X Extracts X X X X X X X X Extracts X X X X ..... ion to pay reduced penalty if the duty demand along with interest is paid within one month of the passing of the order in original - this matter also requires reconsideration. Penalty imposed on the Managing Director - Held that:- The Managing Director was also involved in the clearance of paints in the guise of primers - penalty imposed but quantum reduced. Appeal allowed in part - part matter on remand. - E/ROA/41998/2017 & E/40514/2017, E/ROA/41997/2017 & E/40519/2017 - Final Order No. 41806-41807/2018 - Dated:- 13-6-2018 - Ms. Sulekha Beevi C.S., Member (Judicial) Shri R. Balagopal, Consultant for the Appellant Shri B. Balamurugan, AC (AR) for the Respondent ORDER The above applications for restoration of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ter granting cum duty benefit to the appellant. With regard to Appeal No. E/40519/2017, the learned Counsel submitted that the appeal is filed by the Managing Director of the company. He prayed that the penalty of 2 lakhs, imposed on the Managing Director, may be set aside. 7. The learned AR, Shri B. Balamurugan, submitted that the Commissioner (Appeals) has observed in the impugned order that the appellant ought to have paid the demand quantified along with the interest of 25%, as prescribed in the provision and, therefore, it is not necessary to reconsider the issue at the appellate stage. It is also argued by him that the appellant, having accepted the demand, cannot then request for waiver of penalty. It is submitted by him that the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ty, I find that the appellant has not been informed that he has option to pay reduced penalty if the duty demand along with interest is paid within one month of the passing of the order in original. Therefore, I find it fit to remand this issue also to the Adjudicating Authority, who, after requantification by giving benefit of cum duty, shall give the benefit of reduced penalty also. 11. With regard to the penalty imposed on the Managing Director, it is seen from the records that the Managing Director was also involved in the clearance of paints in the guise of primers. However, I feel that the penalty of ₹ 2 lakhs imposed, is on the higher side. The same is reduced to ₹ 25,000/-. Thus, the appeals are partly allowed and par ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
