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2016 (6) TMI 355 - ALLAHABAD HIGH COURT

2016 (6) TMI 355 - ALLAHABAD HIGH COURT - 2016 (338) E.L.T. 28 (All.) - Imposition of penalty - Rule 26 of the Central Excise Rules, 2002 - Benefit of Notification No.08/2003-CE dated 1 March 2003 - Held that:- the order was assailed by the Department in Central Excise Appeal, Commissioner of Central Excise, Agra Vs. M/s Capston Rubber (India), which has been dismissed by us by order of date. Thus, no penalty could have been imposed upon a partner of M/s Capston Rubber (India). - Decided against .....

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are as follows:- (1) Whether the benefit of Notification No.08/2003-CE dated 1 March 2003 under the facts and circumstances of the case can be extended to the party ? (2) Whether the benefit of exemption notifications can be extended to the party only on the basis of the forged documents prepared subsequently? The respondent is a partner of M/s Capstan Rubber (India) and for this reason penalty of Rs.one lac was imposed upon him under Rule 26 of the Central Excise Rules, 2002. This was for the r .....

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