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2017 (3) TMI 1351 - AT - Central ExciseImposition of penalty u/r 26 of CER, 2002 - penalty on bank for abetting offence - The case of the Department is that the requisite certificate issued by the Executive Head of the Project Implementing Authority is not countersigned by the Joint Secretary to the Government of India - N/N. 8/2007-CE(NT) dated 1.3.2007 - Held that: - the penalty has been imposed on the appellant Bank for abetting evasion of excise duty by indulging in abetting forgery of the requisite certificate which conduct falls within the purview of Rule 26 (2) of CER, 2002, which provision was inserted in the Rules vide N/N. 8/2007-CE(NT) dated 1.3.2007 - But the period in dispute in the instant matter is much prior to 1st March 2007. In any case there is nothing on record to evidence the fact that ICICI Bank has played any role in getting the forged certificate - penalty set aside - appeal allowed - decided in favor of appellant.
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