1995 (5) TMI 122

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... . [Order per : R. Jayaraman, Member (T)]. - Though this day only the stay application was listed for hearing, the issue convassed is linked to considering the question of penal liability and the extent of penalty, which could be justified in this case, with the consent of both the sides, we have taken up the appeal itself for disposal. 2. The allegation is that inputs received under the M .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... to evade duty. This has arisen mainly on account of lack of proper coordination between their excise section and their despatch section. He would however, urge that the moment, it was pointed out by the authorities, they have paid the duty on these inputs without any objection. Hence the penalty of Rs. 2.50 lacs and order of confiscation of plant and machinery treating it, as though it is a delib .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... ultimately resulting in loss of revenue to the department. The excise authorities are justified in invoking the penal provisions. Hence while upholding the liability to penalty on the firm, having regard to the factors pleaded before us, we reduce the penalty to Rs. 1.00 lac only (Rupees one lac only). In the facts and circumstances of the case, we also feel that the order of confiscation of plant .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X