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2018 (11) TMI 900 - AT - Central ExciseAuction sale - Liability of paying the customs duty and Central Excise duty out of the sale proceeds from the sale of assets - imposition of penalties - Held that:- No further arguments can be heard on discharge of duty by appellant herein, as the Apex Court very clearly held that duties are payable to the appellant. [Dy. Commissioner of Central Excise was an appellant before the Apex Court]. Nothing survives in the appeal of the appellant, though not contested in grounds of appeal, as to the demand of the duties of customs and excise. Penalty u/s 112 of CA - Held that:- The adjudicating authority has come to a wrong conclusion in imposing penalty under Sec.112 of the Customs Act on the appellant, inasmuch appellant had never engaged themselves in the import of the goods which are liable for confiscation under the provisions of Sec.111 of the Customs Act, 1962 - It is also to be seen that there is no order for confiscation of the machinery which was sold by the appellant in an auction proceedings. Hence, visiting the appellant with penalty under Sec.112 is unwarranted. Appeal allowed in part.
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