2006 (10) TMI 464

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..... are called absent. 2. The Joint Commissioner, Central Excise Customs, Nashik confiscated the 1179.200 kgs. of polyester fibre yarn valued at ₹ 82,544/- with an option to redeem the same on payment of fine ₹ 25,000/- under Rule 25 read with Rules 29 30 of Central Excise Rules, 2002. He also confirmed the duty of ₹ 1,27,420/- on the polyester textile yarn which was found sho .....

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..... as per established principles of law but cannot be imposed on both of them. It is well settled law that the penalty can be imposed on the assessee or the proprietor of the firm but not on both of them. Therefore, the impugned order of the Commissioner (Appeals) on this aspect is not tenable and needs indulgence of this Tribunal in correcting the same. Therefore, minimum penalty of ₹ 10,000/ .....

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