9911796707
TMI Blog2012 (9) TMI 533X X X X Extracts X X X X X X X X Extracts X X X X ..... alls for confirmation of duty element - against assessee. Penalty imposed under Rule 25 of Central Excise Rules, 2002 - Held that:- As penalty imposition by adjudication is without finding the element of section 11AC & there was no confiscation done therefore, the present case certainly falls under Rule 25 of Central Excise Rules, 2002, thus order to reducing the penalty to Rs. 10,000/- under R ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed by M/s. Bio Veda Research Lab. Pvt. Ltd. in Gauhati was also stored in the same godown. While BIOTIQUE manufactured was owned by IRL Marketing Pvt. Ltd. similar goods were also manufactured by Bio Veda Action Research Pvt. Ltd., Paonta. All these concerns are connected with each other and were stored in the common go-down at Greater Kailash, Part-I, New Delhi. Distribution of goods was made fro ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 02/2004(NT), and 13/2004(NT). The Central Excise Duty is to be recovered from them under Section 11A of the Act on assessable value of these goods which worked out to Rs. 2,26,653/- involving Central Excise Duty amounting to Rs. 36,264/- and Education Cess of Rs. 54/- (on goods cleared after 09.09.2004) (total Rs. 36,318/-), as calculated in Duty Calculation chart annexed as Annexure-A to the sho ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... also penalty shall not exceed the duty element. Further penalty imposition by adjudication is without finding the element of section 11AC. Therefore, the present case certainly falls under Rule 25 of Central Excise Rules, 2002. There was no confiscation done. Therefore, reducing the penalty to Rs. 10,000/- under Rule 25 may not be improper. However, this order has been passed in the fitness of cir ..... X X X X Extracts X X X X X X X X Extracts X X X X
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