9911796707
TMI Blog2008 (9) TMI 681X X X X Extracts X X X X X X X X Extracts X X X X ..... e Respondent. [Order (Common)]. - M/s. Asian Plywood Industries (Private) Limited (hereinafter) referred to as the "manufacturer") manufacturers wood and articles of wood classifiable under Chapter 44 of the Central Excise Tariff. The preventive Officers of the Central Excise Headquarters, upon an intelligence report, visited the manufacturer's factory and conducted various checks and verificat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ing clandestine removal of the goods valued at Rs. 8,67,700=40 without payment of duty of Rs. 1,63,556=54. The notice proposed confirmation of demand of duty with the imposition of personal penalty and interest under the provisions of Section 11AB of the Central Excise Act. 2. On consideration of the material, the Additional Commissioner confirmed demand of duty as also personal penalty alon ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sed upon the appellants, is reduced from Rs. 1,63,556.54 to Rs. 75,000.00 (Rupees seventy-five thousand) only. But for the above modification in the quantum of penalty, the appeal is otherwise rejected. Stay petition also stands disposed of." 3. Aggrieved by the same, the Commissioner of Central Excise has preferred this application under Section 35-H of the Central Excise Act, 1944. This Co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r assigning good and valid reason. 5. Despite service of notice on respondent, nobody has chosen to appear on its behalf. 6. We have considered the submission of Mr. Singh and we find substance in that. Relevant portion of the judgment of the Tribunal reducing the personal penalty has been quoted in the preceding paragraph of this order. It does not indicate any reason much less valid ..... X X X X Extracts X X X X X X X X Extracts X X X X
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