2000 (6) TMI 330 - AT - Central Excise

Summary

The Appellate Tribunal CEGAT, CALCUTTA granted complete waiver of pre-deposit of penalty of Rs. 77,000 imposed on the appellant by Deputy Commissioner, Central Excise, Calcutta III. The appellant argued improper maintenance of accounts due to new factory and inexperienced staff, denying clandestine removal or evasion of excise duty. The Department failed to produce evidence of alleged clandestine clearance. The appellant had already paid the duty amount. The Tribunal found the case not a simple record-keeping issue but needing detailed review. Complete waiver of penalty was granted, and the stay application was allowed.