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2015 (10) TMI 1239 - CESTAT AHMEDABAD

2015 (10) TMI 1239 - CESTAT AHMEDABAD - TMI - Imposition of penalty u/s 11AC - Shortage of goods - Held that:- So far as not extension of option of 25% reduced penalty under Section 11AC of the Central Excise Act, 1944 is concerned, it is observed from the O.I.O. Dated 21.05.2012 that no such option has been extended to the appellant by the adjudicating authority. In view of the settled proposition of law on this issue option of 25% reduced penalty is extended to the appellant under Section 11AC .....

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120/2012(Ahmd-I) CE/AK/Commr(A)/Ahd Dated 08.11.2012 under which O.I.O No. MP/02/DEM/AC/2012 Dated 21.05.2012 has been upheld. Under O.I.O Dated 21.05.2012 a penalty of ₹ 84,290/- was imposed upon the main appellant M/s. Nitdip Textile Processors Pvt. Ltd. and a penalty of ₹ 25,000/- was imposed upon Shri Deepak C Shah under Rule 209A of the Central Excise Rules, 1944. 2. Shri S. J. Vyas, (Advocate) appearing on behalf of the appellants argued that payment of duty and interest is not .....

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case records maintained by the appellant then there could not be any intention to evade payment of duty and imposition of penalty upon the Director. That the entire duty, alongwith interest, was paid much before the issue of Show Cause Notice. 3. Shri Govind Jha, (AR) appearing on behalf of the Revenue argued that penalty upon the Director of the main appellant has been correctly imposed and accordingly, defended the orders passed by the first appellate authority. 4. Heard both sides and peruse .....

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