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2014 (4) TMI 10 - CESTAT MUMBAIQuantum of penalty - Lower appellate authority has reduced the penalty imposed - Held that:- Only ground taken by the lower appellate authority for reduction of penalty is that the company was registered with the BIFR and since duty along with interest have already been paid, he took a lenient view and reduced the penalty - respondent in the present case, initiated proceedings under SICA 1985 on malafide grounds with an intention to default legitimate recovery of excise duty and accordingly, the hon'ble High dismissed the application of the respondent - company had not approached the BIFR for honest purpose, but sought to pursue the proceedings under SICA 1985 as a cover to stall the legitimate recovery of the due amount in Central Excise duty. In these circumstances, the ground taken by the lower appellate authority for reduction in penalty is clearly unsustainable - Decided in favour of Revenue.
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