9911796707
TMI Blog2011 (8) TMI 184X X X X Extracts X X X X X X X X Extracts X X X X ..... ral Excise Act, that they were having the knowledge of clandestine removal of the goods, without being reflected in the books of accounts - If that be so, we cannot sustain the impugned order setting aside the imposing of penalties on the individuals - On a specific query from the Bench, it has been informed that the statements recorded were not retracted - . The impugned orders to the extent of setting aside the personal penalties on the Director and Partners under Rule 26 is not sustainable, - E/145 to 152 of 2006 - - - Dated:- 24-8-2011 - Mr. M.V. Ravindran, Dr. P. Babu, JJ. For Appellant : Shri S.K .Mall, SDR For Respondent : Shri N.K. Oza, Shri and Shri D.K. Trivedi, Advocates Per : Mr. M.V. Ravindran; All thes ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... imited 2009 (93) RLT 471 (Guj.), hold that the assessee is eligible for the benefit of reduced penalty of 25% of the amount of the duty confirmed and upheld by both the lower authorities in this case. It is his submission that the adjudicating authority as well as learned Commissioner (Appeals) has set-aside the penalties and the adjudicating authority has not given any option to pay 25% of penalty of the amounts confirmed. As regards personal penalties, it is his submission that there is no finding by both the authorities for imposition of penalties on the individuals. 5. We have considered the submissions made at length by both the sides and perused the records. 6. Firstly, at the outset, we uphold the impugned orders of the lower ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... at the statements recorded were not retracted. In our considered view, imposition of personal penalties under Rule 26 of Central Excise Rules, 2002 are correct and are liable to be upheld. The impugned orders to the extent of setting aside the personal penalties on the Director and Partners under Rule 26 is not sustainable, at the same time, in the peculiar facts and circumstances of this case, we reduce the personal penalties by 50% of the amounts of penalty imposed by the adjudicating authority on all the individuals. 9. But for the modifications as indicated herein above, all the appeals are disposed of and impugned orders are modified. 10. Cross objections filed by the respondents are being in support of the impugned orders, the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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