2014 (4) TMI 10

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... ook a lenient view and reduced the penalty - respondent in the present case, initiated proceedings under SICA 1985 on malafide grounds with an intention to default legitimate recovery of excise duty and accordingly, the hon'ble High dismissed the application of the respondent - company had not approached the BIFR for honest purpose, but sought to pursue the proceedings under SICA 1985 as a cover t .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... has been urged that, the appellant has been frequently defaulting in payment of duty and making up the payment later. The only reason for reduction of penalty by the lower appellate authority is that the appellant was registered with the BIFR as a sick unit. However, the hon'ble High Court of Bombay, in its judgment dated 29/07/2004 had observed that the proceedings initiated by the responden .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... at, the respondent in the present case, initiated proceedings under SICA 1985 on malafide grounds with an intention to default legitimate recovery of excise duty and accordingly, the hon'ble High dismissed the application of the respondent. The hon'ble High Court further observed that the company had not approached the BIFR for honest purpose, but sought to pursue the proceedings under SIC .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X