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2025 (1) TMI 1255

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..... Excise
2025 (1) TMI 1255 - CESTAT BANGALORE - TMI
CESTAT BANGALORE - AT
Dated:- 22-1-2025
Excise Appeal No. 21168 of 2016 Excise Appeal No. 21169 of 2016 Excise Appeal No. 21170 of 2016 - FINAL ORDER Nos. 20029 - 20031 of 2025
Central Excise
Hon'ble P.A. Augustian, Member (Judicial) And Hon'ble Pullela Nageswara Rao, Member (Technical) Ms. Sakhee Mehta, Advocate for Appella .....

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..... eriod from 2011-12 to 2014-15 along with interest and imposed equal penalty under Section 11AC and Rule 25 of Central Excise Rules, 2002. As regards the seized goods a duty of Rs. 1,58,912/- was confirmed along with interest. Further a penalty of Rs. 5,00,000/- each was imposed on Shri Shashi Kumar, CEO and Shri R G Venkatesh, M.D of the M/s. Diamond Display Solutions Pvt. Ltd. under Rule 26 of Ce .....

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..... 2021 dated 25.06.2021, since the dispute is settled under SVLDR Scheme. Now the issue in Appeal No. 21169/2016 before this Tribunal is regarding imposition of redemption fine and penalty for release of seized and confiscated goods. We find that, since the demand is settled as above, this appeal filed by the appellant M/s. Diamond Display Solutions Pvt., Ltd., is infructuous and is disposed, accord .....

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..... have paid 'nil' duty, in view of the relief available to them under section 124(1) (b) of the Finance Act. This Tribunal in similar circumstances has set aside the said penalty imposed in the case of Shri B.V. Kshatriya (supra). The relevant paragraph is given below:- "3.2 Thereafter, on introduction of the Sabka Vishwas (Legacy Dispute Resolution) Scheme Rules, 2019, the main noticee, .....

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..... ts that the issue is settled under SVLDR Scheme as submitted by the appellant. 6. Heard both sides perused the records. 7. Since the issue is squarely covered by the decision of the Tribunal in the matter of VK Agarwal (Supra), we do not find any reason to differ, hence Appeal Nos. E/21168/2016 and E/21170/2016 are allowed. Further we find that Appeal No. E/21169/ 2016 is infructuous and is disp .....

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