2022 (12) TMI 1437

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..... nal in the case of P.B. VYAS VERSUS COMMR. OF CENTRAL EXCISE, MUMBAI-III [ 2021 (3) TMI 1305 - CESTAT MUMBAI] has held that insistence of payment of penalty by a co-noticee, when the main party has settled the issue under Sabka Vishwas (Legacy Dispute Resolution) Scheme, 2019, defeats the spirit of the scheme itself. The penalty imposed on the Accountant, Mr. Sasthi Charan Banerjee being a co- .....

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..... under Section 127 of the Finance (No.2) Act, 1994 read with Rule 9 of Sabka Vishwas (Legacy Dispute Resolution) Scheme, 2019. It is observed that since the main Noticee, M/s Calstar Sponge Limited has already settled the dispute under the said Scheme, the penalty imposed on the Accountant does not survive and therefore, there was no occasion for the Accountant to file any separate application on t .....

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