TMI Blog2015 (2) TMI 220X X X X Extracts X X X X X X X X Extracts X X X X ..... d foreknowledge of such evasion of Duty. Since it is not alleged that the appellant had passed on a credit of Duty in excess what was mentioned in invoices under which it had purchased billets and sold these to M/s. Jai Sidh Yogi Steel Rolling Mills, imposition of penalty on the appellant is illegal. Imposition of penalty without establishing any culpability, cannot be sustained. The order passed ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rder, dated 4-10-2010 passed by the Deputy Commissioner, Central Excise, Ludhiana. 3. The relevant facts in brief are that M/s. Ind Synergy Ltd. is a manufacturer and supplier of iron billets. The appellant is a registered dealer which purchased billets manufactured by M/s. Ind Synergy Ltd. and later sold them to another manufacturer of iron and steel products - M/s. Jai Sidh Yogi Steel Rolling ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... posed on M/s. Ind. Synergy Ltd. and penalty of ₹ 39,910/- was imposed on the appellant, M/s. Gujaral Traders. Penalty was also imposed on the other dealers. Proceedings against M/s. Jai Sidh Yogi Steel Rolling Mills were however dropped. 5. It is not the case of Revenue that the appellant colluded with the manufacturer M/s. Ind Synergy Ltd. for under-remittance of Excise Duty by the latte ..... X X X X Extracts X X X X X X X X Extracts X X X X
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