2008 (6) TMI 455 - AT - Central Excise

Rectification of mistake - Recall of order - penalty u/r 209A of the Central Excise Rules 1944 read with Rule 26 of the Central Excise Rules 2002 and Section 112(b) of the Customs Act 1962

Summary

The Appellate Tribunal CESTAT, Mumbai allowed the appeal filed by the Managing Director of M/s. Tonira Pharma Ltd., setting aside the penalties imposed under Rule 209A of the Central Excise Rules, 1944 and Section 112(b) of the Customs Act, 1962. The Tribunal found merit in the submission that penalties were not justified without an order of confiscation or a finding of goods liable to confiscation. The decision was pronounced on 25-6-2008.