9911796707
TMI Blog2003 (6) TMI 237X X X X Extracts X X X X X X X X Extracts X X X X ..... JDR, for the Respondent. [Order]. - After dispensing with the condition of pre-deposit of penalty of Rs. 1.00 lakh (Rupees one lakh) imposed upon the applicant/appellant under Rule 209A of the Central Excise Rules, 1944, I take up the appeal itself with consent of both sides. 2. Shri B.K. Munshi, learned Consultant for the applicant/appellant submits that the penalty under the provisions ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... le for confiscation. Accordingly, penalty under Rule 209A of the Central Excise Rules, 1944, was set aside. 3. Shri J.R. Madhiam, learned J.D.R. for the Revenue, defends the impugned Order passed by the Commissioner. 4. I have considered the submissions made by both sides. Para 8.11 of the impugned Order reads as under :- "8.11. Sri K. Tharad is another director of M/s. Best Corporati ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t of the said Director in the evasion of the duty and penalty has been imposed on sole ground that being one of the Directors he must have played some role in duty-evasion and was one of the beneficiaries. As held by the Tribunal in the above-referred case, penalty cannot be imposed under the provisions of Rule 209A unless it is shown that the person or had reasons to believe that duty was being e ..... X X X X Extracts X X X X X X X X Extracts X X X X
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