TMI Blog2022 (6) TMI 1211X X X X Extracts X X X X X X X X Extracts X X X X ..... llant claims that the unaccountal of goods is due to mis-match and cessation of the factory and the concerned staff has left the job - Confiscation of such excess found goods - Redemption Fine - Penalty - HELD THAT:- It is found from the facts, that the appellant in his statements recorded by the investigating agency nowhere stated that the goods found excess in the factory were lying for clandes ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... can be imposed. The penalty is reduced from Rs. 5 Lacs to Rs.1 Lac - the impugned order stands modified to the above extent - Appeal allowed in part. - Excise Appeal No.10079 of 2019 - A/10673/2022 - Dated:- 8-6-2022 - HON'BLE MEMBER (JUDICIAL), MR. RAMESH NAIR None appeared for the Appellant Shri. R P Parekh, Superintendent (AR) for the Respondent ORDER RAMESH NAI ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... considered the submissions made by learned AR and perused the records. I find that the learned Commissioner (Appeals) while upholding the penalty under Rule 26 given the following finding:- 5.2 Now coming to the second appeal filed by the Shri Anil Dudalal Kaneria, Chairman MD of the appellant Company, against the imposition of Penalty under Rule 26 of the Central Excise Rules, 2002, I find ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Central Excise Law and had dealt with excisable goods in a manner other than as provided in the Central Excise Law or Rules made there under. Thus I find that these acts had rendered Shri Anil Dudalal Kaneria, Chairman MD liable for penal action under Rule 26 of the Central Excise Rules, 2002, which I confirm and uphold. From the reading of the above finding, I find that the learned Comm ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... concerned staff has left the job therefore, even though the goods were found unaccounted for which the company has been imposed with redemption fine and penalty, personal penalty cannot be imposed on the Chairman and MD of the company who is not looking after the accountal of the goods manufactured. The only lapse on the part is that being the Chairman and MD of the company, he has not ensured th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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