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2009 (4) TMI 354 - CESTAT, NEW DELHIPenalty-the respondent is the Director of M/s. Sahibabad Chemicals & Fertilizers (P) Ltd. The Central Excise Officers ascertained shortage of the raw materials and finished goods involving central excise duty of Rs.1,01,248/- The respondent company deposited the duty on 16-2-2005. The Original Authority confirmed the demand of duty and appropriated the amount as deposited by the Company and also imposed penalty of equal amount each on the Company and the respondent herein. The Commissioner (Appeals) set aside the penalty on the respondent. Held that- However, the Executive Director, the respondent herein admitted the shortage and explained the reasons that the goods were cleared without payment of duty. Apart from that, the Company was penalised under Section 11AC of the Act. Therefore, the Commissioner (Appeals) rightly set aside the penalty on the respondent. Accordingly, I do not find any reason to interfere the order of the Commissioner (Appeals) on setting aside the penalty on the respondent. The appeal filed by the Revenue is rejected.
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