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2015 (11) TMI 318

Head Note / Extract:
Imposition of penalty - Whether in the facts and circumstances of the case, the Tribunal was justified in negating the penalty on the respondent, Managing Director of the unit despite there was specific malafide role attributed to him - Held that:- Tribunal has recorded that it is an admitted position as agreed by both the sides that the very same issues are covered on merits in favour of the assessee by the decision of the Tribunal in the case of M/s Jayant Agro Organics Limited, [2003 (9) TMI 133 - CESTAT, MUMBAI] - decision of the Tribunal in the case of M/s Jayant Agro Organics Limited (supra) has been confirmed by the Supreme Court, no infirmity can be found in the impugned order passed by the Tribunal whereby its earlier decision in the case of Jayant Agro Organics Limited (supra) has merely been applied to the facts of the present case. - No substantial question of law arises - Decided against Revenue.


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