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2016 (12) TMI 1446 - HC - Central ExciseEvasion of duty - Underbilling - Penalty - Whether the Appellate Tribunal was justified in sustaining the penalty on the partner and partnership Firm simultaneously under Central Excise Act, 1944? - Held that: - In the case of Textoplast Industries and Anr. Versus Addl. Commissioner of Custom [2011 (7) TMI 402 - Bombay High Court], it has been held that for the purpose of imposing penalty, the adjudicating authority under Customs Act, 1962 may in an appropriate case impose a penalty both upon a partnership Firm as well as on the partners and whether the facts and circumstances of a case warrant imposition of penalty both on the Firm and its partners should be decided on the facts of each case. In the considered opinion of the Court, in the light of the above cited judgments, penalty on the partner as well as the partnership Firm can be simultaneously imposed and of course, imposition of penalty both on the Firm and its partners, depends upon the facts of each case - Appeal dismissed.
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