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2015 (10) TMI 150 - AT - Central ExciseDuty demand - Imposition of penalty - Penalty on partner of firm - Held that:- Division Bench of the Tribunal in the case of Shri Labdi Prints (2014 (4) TMI 145 - CESTAT AHMEDABAD), following the decision of the Hon,ble Bombay High Court held that penalty is imposable on partner for availing Cenvat Credit fraudulently, I find that in the case of Praveen N. Shah (2012 (7) TMI 850 - GUJARAT HIGH COURT ), the question of law before the Hon’ble High Court was whether in the facts of circumstances case, the Tribunal was right in penalty of ₹ 10 lacs imposed on the appellants under Rule 209 A of the erstwhile Central Excise Rule,1944, in the Rule 26 of Central Excise Rule, 2001. The Hon’ble High Court set-aside the penalty with the observation that penalty has imposed on the firm, no separate penalty can be imposed on partner.
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