2011 (2) TMI 876

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..... he said appellant is liable to penalty in terms of the provisions of Rule 209A of Central Excise Rules, 1944/Rule 26 of Central Excise Rules, 2002 - However keeping in view, the fact that the duty was deposited by the processing unit immediately and keeping in view the quantum of duty evasion, reduce the penalty on Shri Manish Kalyanji Shah from Rs.1,00,000/- to Rs.50,000/- But for the reduction i .....

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..... fairly agrees that the issue of limitation, in respect of clandestine removals, stands settled against them by the Hon ble High Court of Gujarat judgment in the case of Commissioner of Central Excise, Surat Vs. Neminath Fabrics Pvt. Ltd. reported in 2010 (256) ELT 369. As such he submits that even this ground is no longer available to them. 2. In view of the above, I uphold the confirmation o .....

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