2024 (11) TMI 53 - AT - Central Excise

Eligibility for waiver of penalty imposed under Rule 26 of CER on co-noticees - in the case of the main party i.e. Komal Atomizer P Ltd the case has been settled under SVLDRS-2019 - contrary judgements on the issue - HELD THAT - It is found that though there are contrary judgment on the issue that whether the co-noticee is eligible for waiver of penalty in case where the main party s case has been settled under SVLDRS-2019. However, there are some judgments given by Single Member Bench and as regard the judgment on the same issue given by the Division Bench which are in favour of the assessee. Hence, the division bench judgment in the case of M/s. Siemens Ltd 2023 (5) TMI 377 - CESTAT MUMBAI will prevail over single member bench judgment, following the same the penalty is liable to be set aside. Hence, the same is set aside. Appeal is allowed.

Summary

The Appellate Tribunal CESTAT Ahmedabad ruled in favor of the appellant for waiver of penalty under Rule 26 since the main case was settled under SVLDRS-2019. The appellant's penalty was set aside based on the division bench judgment in the case of M/s. Siemens Ltd. Appeal allowed.