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2015 (11) TMI 318 - GUJARAT HIGH COURT

2015 (11) TMI 318 - GUJARAT HIGH COURT - TMI - Imposition of penalty - Whether in the facts and circumstances of the case, the Tribunal was justified in negating the penalty on the respondent, Managing Director of the unit despite there was specific malafide role attributed to him - Held that:- Tribunal has recorded that it is an admitted position as agreed by both the sides that the very same issues are covered on merits in favour of the assessee by the decision of the Tribunal in the case of M .....

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Dated:- 1-10-2015 - Harsha Devani And A. G. Uraizee, JJ. For the Appellant : Mr R J Oza, Adv For the Respondent : Mr Navin K Pawha, Adv and Mrs Sangeeta N Pahwa, Adv ORDER ( Per : Honourable Ms. Justice Harsha Devani ) 1. Mr R.J. Oza, learned Senior Standing Counsel for the appellant has tendered a draft amendment. The amendment is allowed in terms of the draft. The same shall be carried out forthwith. 2. The appellant, Commissioner of Central Excise and Customs has challenged the order dated 3 .....

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there was specific malafide role attributed to him? 4. Mr. R. J. Oza, learned Senior Standing Counsel for the appellant has drawn the attention of the court to the fact that the question had wrongly been formulated at the time of admission of the appeal. Under the circumstances, the question is reformulated as follows: "Whether on the facts and in the circumstances of the case, the CESTAT, West Zonal Bench, Mumbai was justified in allowing appeal of respondent by placing sole reliance in th .....

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