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2015 (10) TMI 1123 - CESTAT DELHI

2015 (10) TMI 1123 - CESTAT DELHI - 2015 (322) E.L.T. 726 (Tri. - Del.) - Imposition of penalty - Compounded levy scheme - Violation of Chewing Tobacco and Unmanufactured Tobacco Packing Machine (Capacity Determination and Collection of Duty) Rules 2010 - Held that:- show cause notice has been issued on 26.09.2011. Therefore, the Panchnama dated 30.03.2012 have no relevance to impose penalty on the appellant in this case. Further, I find that in show cause notice itself it is recorded that appel .....

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) Rules. - Decided in favour of assessee. - Appeal No. E/50184/2014-EX(SM) - Final Order No. 51422/2015-EX(SM) - Dated:- 9-4-2015 - Shri Ashok Jindal, Member (Judicial) , JJ. For the Petitioner : Shri P.V. Sadavarte, Advocate For the Respondent : Shri D. Singh, DR ORDER Per Ashok Jindal: The appellant is in appeal against the impugned order imposing mandatory penalty under section 11AC of Central Excise Act 1944. 2. The facts of the case are that the appellant is a manufacturer of chewing tobacc .....

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ed to the Department and was paying duty under Section 3 of the Central Excise Act 1944 and filing their regular returns. A show cause notice was issued on 26.09.2011 to impose penalty on the appellant for contravention of rule 6 & 8 of the said rules. Consequently, to impose penalty under Section 11 AC of the Act the Adjudicating Authority dropped the proceedings to the show cause notice on appeal by the Revenue. The Ld. Commissioner (A) set aside the order of adjudication and imposed the p .....

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