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2008 (8) TMI 326 - HC - Central ExcisePersonal Penalty Non-filing of appeal there is no dispute that the order of the Commissioner (Appeals) made in favour of the Trading concern, has been accepted by revenue and no appeal was filed before the Tribunal personal penalty aside by the Commissioner (Appeals) can not be questioned.
Issues:
1. Setting aside of penalty on the proprietor of a Trading Firm by the Tribunal. 2. Justification of setting aside personal penalty under Rule 209A of the Central Excise Rules, 1944. Analysis: Issue 1: The appellant revenue questioned the Tribunal's decision to set aside the penalty imposed on the proprietor of a Trading Firm, M/s. Karan Textiles. The Commissioner (Appeals) had confirmed the personal penalty on the proprietor while overturning the penalty on the Trading concern. The Tribunal, after considering the circumstances, concluded that the penalty on the proprietor should also be set aside since the penalty on the Trading unit was revoked for the same reason. The Tribunal granted relief to the respondent assessee by setting aside the penalty on the proprietor based on the same grounds as the Trading concern. Issue 2: The Tribunal's decision to set aside the personal penalty under Rule 209A of the Central Excise Rules, 1944, was challenged by the appellant. The learned Counsel for the appellant acknowledged that the order made in favor of the Trading concern by the Commissioner (Appeals) was accepted by the revenue without filing an appeal before the Tribunal. The High Court, after considering the arguments, found that the Tribunal's order was legally sound and aligned with the law's requirements. Consequently, the Court dismissed the appeal, stating that there was no substantial question of law to warrant interference with the Tribunal's decision. In conclusion, the High Court upheld the Tribunal's decision to set aside the penalty on the proprietor of the Trading Firm, emphasizing that the order was legally valid and did not raise any significant legal questions for consideration.
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