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2014 (4) TMI 874 - CESTAT AHMEDABADWaiver of pre-deposit - Penalty under the provisions of Rule 26 of the Central Excise Rules, 2002 - Held that:- main noticee M/s. Banco Ltd. had settled the issue by paying the duty liability and the interest thereof before the issuance of show cause notice and the excise authorities have accepted such settlement and the adjudicating authority has given the benefit of provisions of Section 11A(2B) of the Central Excise Act, 1944 for non imposition of penalty on the main noticee - proceedings against the main noticee being concluded, and the show cause notice being common to all noticees, the co-noticee need not be charged with any penalty under provisions of Rule 26 of the Central Excise Rules, 2002. I find that the appellant has made out a prima facie case for the waiver of the pre-deposit of the amounts involved. Accordingly, application for the waiver of pre-deposit of the amounts involved is allowed and recovery thereof stayed till the disposal of appeal - Following decision of the case Tikam P. Bhojwani [2011 (3) TMI 893 - CESTAT, AHEMDABAD] - Stay granted.
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