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2014 (2) TMI 963 - CESTAT NEW DELHIImposition of penalty - penalty on signatory - Appeal dismissed for non-compliance to the stay order - Held that:- Appellant was dealt with as authorised signatory in Para 1.5 thereof. The allegation therein shows that there was failure to make entry of certain transactions by this appellant. That adjudication order does not show role of the present appellant causing prejudice to revenue. Learned Adjudicating Authority simply basing on an affidavit held that the appellant had a criminal intention. Unless cogent evidence is brought to record to say that retraction in affidavit is untruthful and the appellant was instrumental to create fake documents, role of the appellant cannot be appreciated. For lack of examination and corroborative evidence proving the retraction was under influence, but there were fake documents proposition of penalty of Rs. 60,000/- on the appellant is not possible to be sustained - Decided in favour of assessee.
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