2015 (10) TMI 2341 - AT - Central Excise

Imposition of penalty - Held that - Assessee was engaged in the manufacture of Pharmaceutical products under Chapter 30 of Central Excise Tariff Act 1985. - issue involved in this case is against the Assessee by the decision of the Larger Bench of the Tribunal, in the case of Indica Laboratories P Ltd vs CCE, Ahmedabad 2007 (5) TMI 19 - CESTAT,AHMEDABAD . The Learned Advocate on behalf of the assessee submits that the Tribunal on the identical issue in their own case dropped the penalty as the matter was decided by the Larger Bench. - As the issue was decided by the Larger Bench, imposition of penalty is not warranted. - Decided in favour of assessee.

Summary

The Appellate Tribunal CESTAT Ahmedabad upheld the order passed by the Commissioner (Appeal) regarding a case involving a pharmaceutical manufacturer under Chapter 30 of Central Excise Tariff Act 1985. The Tribunal rejected appeals filed by both the Revenue and the Assessee, as the issue had already been decided by the Larger Bench, leading to the dropping of the penalty.