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2017 (1) TMI 225 - AT - Central ExciseClandestine removal - Interest - Penalty - Rule 25 of CER, 2002 - Held that: - find that as per undisputed facts of the case the clandestine removal made by the company, M/s. Vir Alloys & Steel Co. Pvt Ltd, Ahmednagar has been established. The appellant being the Chief Executive Officer of the company was solely responsible for the act of clandestine removal by the company. He has also admitted in the statement recorded under section 14 regarding the clandestine removal of the goods by the company, therefore he is liable for penalty. As regard the offence on the part of the appellant which has been established therefore under any circumstances appellant was liable for penalty, however I find that against total duty of ₹ 1,55,799/- the equal amount of penalty was imposed upon the appellant as personal penalty. The appellant is otherwise liable for penalty under Rule 26 of the Central Excise Rules, 2002 - As per this position, I am of the view that penalty of equal amount of duty i.e. ₹ 1,55,799 is not justifiable therefore it requires reduction. I therefore reduce the penalty from ₹ 1,55,799 to ₹ 38,950/- - Appeal partly allowed.
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