2015 (11) TMI 554 - AT - Central Excise

Levy of Penalty u/r 25 - held that - Since the duty demand on the main appellant has been set aside by this Tribunal 2014 (9) TMI 741 - CESTAT MUMBAI penalty on the present appellant will also not survive. In view of this position the penalty imposed on the present appellant is set aside. - Decided in favour of appellant.

Summary

The applicant filed for waiver of pre-deposit of penalty. A penalty of Rs. 2,94,28,620/- was imposed under Rule 25 of the Central Excise Rules, 2002. The Tribunal's decision dated 06/03/2014 set aside the main demand, so no penalty can be imposed on co-noticees. The penalty imposed on the present appellant is set aside, and the appeal is allowed.