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2017 (3) TMI 1212 - AT - Central ExciseImposition of penalties - Rule 26 - penalties on company, M/s Man Industries Ltd. (MIL) as well as various commercial persons - Held that: - the respondents namely, Shri J C Mansukhani, MD and Shri K G Mantri, Vice President (Commercial) were in the knowledge of the facts as well as they were the party to the facts leading to evasion of duty of Central Excise to the tune of ₹ 1,28,56,776/- - penalty upheld. M/s. MIL has intentionally split the tender in two parts one for bare pipes and the other for PE/CTE coating job. And both the respondents were having the knowledge and were party to this modus operandi of evasion of huge Central Excise duty amounting to ₹ 1,28,56,776/- . Both the respondents deserve to be imposed penalties in terms of Rule 26 of the CER, 2002, even when the main noticee M/s. MIL has been imposed the penalty equivalent to the duty evaded. It is also made clear that imposition of penalty is necessary in terms of Rule 26, with a further view that the said imposition of penalty will deter the respondents in future from playing such a role which led to evasion of payment of taxes/ dues due to the Exchequer. Penalty upheld - appeal allowed - decided in favor of Revenue.
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