2011 (3) TMI 841 - AT - Central Excise

Modification in the quantum of penalty - Provisions of Rule 26(1) of the Central Excise Rules, 2002 - The goods purchased by the appellant were cleared by M/s. KDP Castings without the cover of any central excise invoice and without the payment of any duty - Subsequently, at the time of search of the factory of M/s. KDP Castings by the Preventive Officers that the above facts came into notice - The duty of Rs.86,915/- subsequently stands paid by M/s. KDP Castings vide challan dated 19.01.09 - Appellants has also not disputed the above facts - However, he submits that the penalty being too excessive may be reduced - Taking into account the overall facts and circumstances of the case,reduce the penalty imposed upon the appellant from Rs.40,000/- to Rs.25,000/.

Summary

The Appellate Tribunal CESTAT, Ahmedabad reduced penalty from Rs.40,000 to Rs.25,000 imposed on the appellant for purchasing goods without central excise invoices and duty payment. The appeal was rejected except for the penalty reduction.