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SEW INFRASTRUCTURE LTD Versus COMMISSIONER OF CENTRAL EXCISE AND CUSTOMS NAGPUR

2015 (11) TMI 554 - CESTAT MUMBAI

Levy of Penalty u/r 25 - held that:- Since the duty demand on the main appellant has been set aside by this Tribunal [2014 (9) TMI 741 - CESTAT MUMBAI], penalty on the present appellant will also not survive. In view of this position, the penalty imp .....

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pellant : Shri Rajesh Kumar, CA For The Respondent : Shri Rakesh Goyal, Addl Commissioner (AR) Per: P K Jain: The applicant has filed the application for waiver of pre-deposit of penalty. 2. In the impugned order, a penalty of ₹ 2,94,28,620/- h .....

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ice on whom a demand of ₹ 2,94,28,620/- was made and equal amount of penalty was imposed. It is the submission that, since the main demand itself has not been sustained, no penalty can be imposed on the co-noticees. 4. Learned Additional Commis .....

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