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2017 (12) TMI 1370 - AT - Central ExciseExtended period of limitation - penalty - Clandestine removal - Valuation u/s 4A of CEA - Held that: - The authorities below have upheld and appropriate duty paid by resorting to invocation of the extended time limit provided in Section 11A. Whenever demand is confirmed on the basis of such allegations, the penalty payable under Section 11AC becomes automatically payable - reliance placed in the case of M/s Rajasthan Spinning and Weaving Mills Ltd. [2009 (5) TMI 15 - SUPREME COURT OF INDIA], where it was held that Once the conditions specified u/s 11AC of the Central Excise Act are satisfied, penalty becomes mandatory and there is no scope of discretionary power - the duty demand with interest as well as the penalty imposed on the assessee are upheld. Penalty u/r 26 on Sh Sanjay Bhatia, Director of the assessee - Held that: - penalty imposed on Sh Sanjay Bhatia, Director of the assessee under Rule 26 of the Central Excise Rules, 2002 is not justified and is set-aside. Appeal allowed in part.
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