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Shri Siyaramji Gupta, Shri Krishna Sahebrao Patil Dongaonkar, Shri Ramnath Bhanudas Patil Versus Commissioner of Central Excise, Aurangabad

2015 (6) TMI 265 - CESTAT MUMBAI

Imposition of penalty - Clearance of sugar - whether all the three appellants are required to be visited with penalties imposed under Rule 26 of the Central Excise Rules 2002 - Held that:- penalty can be imposed on any person who acquires possession of excisable goods which he knows or has reason to believe that the goods are liable for confiscation. In the cases in hand it is not in dispute that the sugar which has been cleared for export purpose was cleared on examination and on debiting of B- .....

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os. A/819-821/2015-WZB/SMB - Dated:- 19-3-2015 - M V Ravindran, Member (J),J. For the Appellant : Shri Mimesh Mehta, Adv. For the Respondent : Shri V K Agarwal, Addl. Commissioner (AR) ORDER Per: M V Ravindran: As the same question of law and facts arise, all these three appeals are being disposed of by a common order. 2. Heard both sides and perused the records. 3. The issue involved in all these appeals is regarding penalties imposed on the appellants under Rule 26 of the Central Excise Rules .....

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the of the assessee company M/s. Gangapur SSK Ltd. are not handling day to day matters. On a specific query from the Bench he would submit that as Chairman and Secretary were not informed that the sugar which has been cleared for export will not be exported and diverted to home consumption. 5. Learned A.R. would reiterate the findings of the adjudicating authority in the impugned order at para 8.3. He would submit that the Chairman and the Secretary and the MD were aware that the sugar which was .....

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e three appellants are required to be visited with penalties imposed under Rule 26 of the Central Excise Rules 2002. In order to appreciate the correct legal position, the said Rule 26 of Central Excise Rules, 2002 is reproduced. "Any person who acquires possession of, or is in any way concerned in transporting, removing, depositing, keeping, concealing, selling or purchasing, or in any other manner deals with, any excisable goods which he knows or has reason to believe are liable to confis .....

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