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2016 (11) TMI 427 - AT - Central ExciseClandestine removal of goods - imposition of penalties on M/s. Skywin Match Industries - Held that: - the appellant has settled the issue by paying the entire amount of duty liability along with interest, redemption fine and 25% of the penalty imposed by the adjudicating authority. Since the appellant is not contesting the duty liability and has paid the entire demand alongwith interest and has also paid 25% of the penalty within 30 days from the passing of the O-in-O, which is in line with the provisions of sec 11 AC, the appeal is allowed in the above terms. Imposition of penalties on M/s. Nancy Traders, whose proprietor Shri A. Kathiresan happens to be the managing partner of the appellant M/s. Skywin Match Industries - Held that: - there is no finding to the effect that Nancy Traders had, "dealt with any excisable goods which he knows or has reason to believe are liable for confiscation under the Act or the Rules.” In view of the above discussions in the foregoing paras, I set aside the penalty imposed on the second appellant M/s. Nancy Traders. Appeal allowed - decided in favor of appellant.
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