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2011 (2) TMI 851 - CESTAT, DELHIPenalty u/s 11AC - There is no dispute about the shortage of the finished products and the cenvated inputs involving duty/cenvat credit of Rs.4,10.401 - Commissioner (Appeals)s findings that there is no evidence of clandestine removal of the goods is incorrect and the order of the Commissioner (Appeals) setting aside the penalty on the respondent u/s 11 AC is also not correct - Since this is a case of clandestine removal, in accordance with the ratio of the Hon'ble Supreme Court in the case of Union of India Vs. Rajasthan Spinning & Weaving Mills Ltd. [2009 -TMI - 33419 - SUPREME COURT OF INDIA], penalty on the respondent company under Section 11 AC would be attracted. As regards penalty on Director of the respondent company - find that the order-in-original does not discuss any evidence that the clandestine removal had taken place with his knowledge or that he was, in any manner, concerned in the disposal of the goods, which he knew are liable for confiscation - Thus, penalty on Director of the respondent company is set aside.
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