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2009 (6) TMI 831 - CESTAT, NEW DELHIExtract: .......o material available that the goods were cleared clandestinely and, therefore, imposition of penalty under Section 11AC of the Act is not warranted. Hence, I do not find any reason to interfere the order of the Commissioner (Appeals). Accordingly, the appeal filed by the Revenue is rejected. (Order dictated and pronounced in open court on 5-6-2009)
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