2012 (6) TMI 734

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... se of excise duty evasion has been made against M/s. Ishwar Industries Pvt. Ltd. The said assessee settled the issue by paying duty along with interest and 25% of the duty evaded as penalty as per the provisions of Section 11(1A) of Central Excise Act, 1944. Now the issue that is raised in the appeal filed by Revenue penalty should be imposed on the Director of the said company under provisions of .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... er person to whom notice is issued under Section 11A(1). I find that the provisions in the said proviso is very clear and decisions relied upon by Revenue are not with reference to a situation where payments as envisaged under the provisions of Section 11A(1A) was made. Therefore I do not find any merit in the argument of Revenue and the appeal filed by Revenue is rejected. (Pronounced in Court)< .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X