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2023 (6) TMI 694 - AT - Central ExciseLevy of penalty of Rs. 10 lacs u/r 26 of CER, on appellant being DGM-Finance of the company - clandestine removal - case of Revenue is that appellant is recording sales of the goods in the books of accounts therefore, he is very well aware of the overall affairs of the company - HELD THAT:- There is a force in the counsel’s submission that from the record it appears that the major work related to removal of goods is looked after by one Shri S.G. Pathak and the appellant’s personal statement was not recorded. The statements which he has given to the investigating officer is on behalf of the Director accordingly, such statement can be used against the Director only and not anyone else. However, the appellant being worked as DGM Finance ultimately all the transactions are finally booked in the books of accounts and for which the appellant is responsible as he was aware with the transaction made without payment of duty. As regard the duty, the same has been admitted by the company therefore the evasion of duty is not under dispute - As regard the judgment cited by both the sides, as regard the penalty under Rule 26 each case has to be dealt with in its fact therefore, without relying to any judgment considering the involvement of the appellant, the appellant deserves for leniency therefore, penalty reduced from Rs. 10 lacs to Rs. 1 lac. The impugned order in respect of the present appellant is modified to the above extent. The appeal is partly allowed
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