TMI Blog2023 (11) TMI 6X X X X Extracts X X X X X X X X Extracts X X X X ..... tion of the exemption notification. The decision in case of SHRI V.K. AGGARWAL AND SHRI J.K. AGGARWAL VERSUS COMMISSIONER OF CENTRAL TAX, CGST AND CENTRAL EXCISE, NEW DELHI [ 2023 (9) TMI 178 - CESTAT NEW DELHI] followed where it was held that The judgements so referred clearly says that when the demand of duty has been settled under SVLDR Scheme, the imposition of penalty would fail on simple ground that if the appellants had applied under the said scheme, they would have paid 'nil' duty, in view of the relief available to them under Section 124(1)(b) of the Finance Act. Appeal allowed. - MR. C.L. MAHAR, MEMBER (TECHNICAL) Shri. R K Tomar, Advocate for the Appellant Shri. P Ganesan, Superintendent (AR) for t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e resolution of the dispute under Sabka Vishwas (Legacy Dispute Resolution) Scheme, 2019. It has been the submission of learned Advocate on behalf of the appellant that he was not involved in the face of the main appellant since the year 2013-2014 and was not even aware that main appellant M/s. Coromandel International Limited have got the matter resolved under SVLDRS Scheme, 2019 and therefore he could not apply for availing the benefit of the dispute resolution scheme. It is further in submitted that since the main appellant having resolved the demand of duty under SVLDRS Scheme, 2019. The benefit of the same should also be extended to the appellant. It has been contended that only allegation against the appellant is that he was director ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... notification. I also follow the decision in case of V.K Aggarwal Shri. J.K Aggarwal vs. Commissioner of Central Excise, CGST and Central Excise New Delhi reported in 2023 (9) TMI 178 -CESTAT-New Delhi, the relevant extract of the same is reproduced here below:- 14. The judgements so referred clearly says that when the demand of duty has been settled under SVLDR Scheme, the imposition of penalty would fail on simple ground that if the appellants had applied under the said scheme, they would have paid 'nil' duty, in view of the relief available to them under Section 124(1)(b) of the Finance Act. This Tribunal in similar circumstances has set aside the said penalty imposed in the case of Shri B.V. Kshatriya (supra). The relevant ..... X X X X Extracts X X X X X X X X Extracts X X X X
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