9911796707
TMI Blog2011 (3) TMI 831X X X X Extracts X X X X X X X X Extracts X X X X ..... epted that such duty free procured raw material stands cleared by them illegally and as such accepted the duty liability - The Hon ble High Court of Gujarat in the case of Exotic Associates Vs. CCE [2009 -TMI - 76674 - GUJARAT HIGH COUR] has held that such an option can be extended by the appellate forum - Accordingly,upholding the imposition of penalty to the extent of 100%, extend an option to t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... re duty of Rs.2,66,462/-, I dispense with the condition of pre-deposit of interest and penalty of identical amount. In as much as the appellant is not disputing the above confirmation of demand of duty, I proceed to decide the appeal itself, with the consent of both the sides. 2. The said duty stands confirmed against the appellant who is a 100% EOU, in respect of the shortages of indigenous r ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 11AC. As such penalty of Rs.2,66,462/- imposed by the authorities below is upheld. 4. At this stage learned advocate submits that lower authorities have not extended any option to the appellant to pay the entire dues along with 25% of penalty within a period of thirty days from the date of communication of their orders. The Tribunal in the case of Swati Chemicals Industries Ltd. reported in 2 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the raw material was under the directions of the director and with his knowledge. As such he is liable to penalty. 6. Admittedly Shri R.D. Gupta in his statement had deposed that the duty free procured raw material was cleared without payment of duty. His involvement in the said clandestine activity is established, thus making him liable to penalty. However, in the facts and circumstances ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
