2012 (8) TMI 246

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..... s)   Per Shri S. K. Gaule :   Heard both sides. The Revenue is in Appeal against the ld. Commissioner s (Appeals) Order-in-Appeal No.77/CE/B-I/2009 dated 7.8.2009, whereby the ld. Commissioner (Appeals) has modified the lower adjudicating authority s order upto an extent and dropped the penalty under Rule 25 of the Central Excise Rules, 2002. 2. Briefly stated the facts of the case ar .....

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..... ered by the ld. Commissioner (Appeals). 4. The contention of the Respondent is that the Department has made a prayer for setting aside the whole order of the ld. Commissioner (Appeals), yet there is no pleading corresponding to their prayer relating penalty under Rule 25 of Central Excise Rules, 2002. 5. We have considered and perused the case records. Undisputedly, there is an error of computat .....

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