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2014 (9) TMI 532 - HC - Central ExciseDemanding duty from the firm and penalties were imposed on the firm & partner both - Appellant signed the appeal memo filed by the firm & no separate appeal - Held that:- there will be waiver or stay on recovery of balance penalty from the appellant. This order is passed because on taking instruction Mr. Shah states that out of ₹ 20 lakhs imposed as penalty on the appellant, a sum of ₹ 17 lakhs has been deposited with the Revenue. Upon production of proof to that extent, the Tribunal shall waive the condition of deposit of the remaining or balance sum of ₹ 3 lakhs. The appeal of the appellant shall then stand restored to file. It shall be heard together with the appeal filed by the firm. Both the appeals, thus, stand restored to file and they shall be disposed of on merits and in accordance with law - Decided partly in favour of assessee.
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