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2022 (7) TMI 1029 - AT - Central ExciseLevy of penalty on Directors u/r 26 of CER, 2002 - exemption under a notification that granted area based exemption was wrongly obtained by the Company and its Directors - contention of the Department that a Company was not entitled to claim area based exemption was rejected - HELD THAT:- Learned counsel for the appellant has placed the decision of the Tribunal in M/S KOTDWAR STEELS LIMITED, SANJEEV JINDAL, DIRECTOR, SANJEEV GUPTA, DIRECTOR, DINESH CHANDRA JOSHI, BRIJMOHAN AGARWAL VERSUS CCE, MEERUT [2016 (10) TMI 385 - CESTAT NEW DELHI] by which ten appeals were allowed. The contention of the Department that a Company was not entitled to claim area based exemption was rejected. The impugned order in so far as seeks to impose a penalty of Rs.5 lakhs on the appellant, therefore, deserves to be set aside and is set aside - Appeal allowed - decided in favor of appellant.
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