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2015 (10) TMI 888 - CESTAT NEW DELHI

2015 (10) TMI 888 - CESTAT NEW DELHI - TMI - Penalty under Rule 173 Q - Quantum of penalty - Held that:- The authorities below have confirmed the penalty on the ground that the vehicle numbers indicated in the invoices were not capable of transporting such a huge quantity of goods and the transactions were mere paper transactions only. However, no investigation has been done at the consignees end regarding receipt of goods by them. Further, no investigation has been done at the consigners end to .....

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e. - Excise Appeal No.E/55825/2014 EX. [SM] - Final ORDER NO. 52825/2015 - Dated:- 8-9-2015 - MR. S.K. MOHANTY, MEMBER (JUDICIAL) For the Petitioner: Shri Kamaljeet Singh, Advocate For the Respondent: Shri R.K. Mishra, DR ORDER PER: S.K. MOHANTY This appeal has been filed against the impugned order dated 09.09.2014 passed by the Commissioner (Appeals), Customs and Central Excise, Chandigrah-I, wherein penalty of ₹ 22,233/- imposed under Rule 173 Q of the erstwhile Central Excise Rules 1944 .....

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nal order No.A/51713-51717/2015-SM (BR.) dated 22.05.2015 wherein in an identical set of facts, the quantum of penalty imposed in the adjudication order has been reduced. 3. Per-contra, Shri R.K. Mishra, the ld. D.R. appearing for the Revenue objected to the prayer of the ld. Counsel and submits that considering the facts and circumstances of the case, the quantum of penalty imposed in the adjudication order and confirmed in the impugned order is not in the higher side. 4. Heard the ld. Counsel .....

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