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2017 (9) TMI 1311 - CESTAT KOLKATAPenalty u/r 26 - case of appellant is that appellant being the eldest daughter of the Managing Director, had no other option but to sign all the documents of the Company including the Central Excise related documents - Held that: - In the statement of facts, it is mentioned that the concerned employees of the Company not only cheated her by mis-using their position, the Company also had to suffer embezzlement resulting in considerable financial loss as well as loss of reputation - the Adjudicating Authority had already penalized the Company by imposition of penalty under Section 11AC of the Central Excise Act, 1944. There is no material available on record to show that the appellant had conscious knowledge of the alleged irregularity. Therefore, the imposition of penalty on the appellant is not justified - appeal allowed - decided in favor of appellant.
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