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2011 (3) TMI 1209 - CESTAT, MUMBAISearch and seizure - Clandestine removal - penalty imposed - Held that:- As it is clear from the records that the main issue relating to clandestine production of iron and steel products is yet to be decided by the competent authority. That being so, no conclusions could have been drawn regarding the cash recovered i.e., whether they are sale proceeds of goods clandestinely produced or removed. Similarly, without coming to a conclusion on the liability to confiscation of the goods no penalty can be imposed on anyone under Rule 26/27 of the Central Excise Rules. Thus grant stay of the recovery of the demands confirmed and penalty imposed against the three appellants - Appeal is allowed by way of remand
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