TMI Blog2012 (6) TMI 557X X X X Extracts X X X X X X X X Extracts X X X X ..... under Rule 26 of the Excise Rules - liable to pay Rs. 5,000 - penalty as ordered by the Tribunal – against revenue. - CEA No.29 of 2011 - - - Dated:- 2-3-2012 - N Kumar And Ravi Malimath, JJ. For Appellant: Sri Y Hariprasad, Adv. JUDGEMENT The Revenue has preferred this appeal challenging the order passed by the Tribunal holding imposition of penalty under Rule 26 of the Central Ex ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the same day. It is only when the said defect was pointed out after reconciliation and verification when they came to know the same they have taken proper steps to make the payment. However, a show cause notice came to be issued calling upon him to show cause why penalty should not be imposed u/s. 11 AC of the Central Excise Act, 1944. The further addendum to the show cause notice was issued call ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sed in appeal and imposed a penalty of Rs. 5,000/- each on the aforesaid two persons. 7. Aggrieved by the said order, the Revenue is in appeal. 8. We have heard the learned counsel for the revenue. Rule 26 reads as follow: 26. Penalty for certain offences: "(1) Any person who acquires possession of, or is in any way concerned in transporting, removing, depositing, keeping, concealing, sel ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r five thousand rupees, whichever is greater". 9. For application of the Rule, the condition precedent is any excisable goods which he knows or reason to believe are liable to confiscation under the Act or the Rules, then penalty is leviable under the aforesaid provision. 10. In the instant case, admittedly no excisable goods are confiscated. The offence alleged against these respondents is, ..... X X X X Extracts X X X X X X X X Extracts X X X X
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