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2015 (10) TMI 149 - AT - Central ExciseClandestine removal of the finished goods - Penalty u/r 26 - Held that:- Regarding the imposition of penalty on the co-appellants, the Learned Advocate relied upon the decision of the Tribunal in the case of M/s. Shitala Prasad Sharma (2004 (12) TMI 195 - CESTAT, MUMBAI). It has been held that when main accused stands absolved of penal consequences, no question of penalty on co-accused. In the present case the penal consequences on the main appellant was upheld and therefore, the case law relied by the appellant would not apply in this case. I find that the Appellant 3 to 5 were merchant manufacturers, supplied grey fabric to the Appellant No. 1, where the penalty under Section 11 AC of the Act was invoked. Considering the overall facts and circumstances of the case, the quantum of penalty on the co-notices should be reduced. - demand of duty along with interest and penalty on appellant No. 1 M/s Praygraj Dyg. & Ptg. Mills Pvt. Ltd. is upheld. It is directed that if, the duty alongwith interest as determined by the Adjudicating Authority is paid within thirty days of communication of this order penalty liable to the pay shall be 25% of the duty and to be paid within the period so specified. Penalty on Shri Surendra Kumar Dalmia Director of the appellant No. 1 is reduced to ₹ 50,000/- and other appellants reduced to ₹ 25,000/- each - Decided partly against assessee.
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