2013 (12) TMI 931

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..... Ispat Ltd.[2010 (1) TMI 500 - PUNJAB & HARYANA HIGH COURT] - non accountal of the goods, which are not meant for clandestine removal would not attract penal provisions, inasmuch as mens rea for imposition of penalty is required – the confiscation of the goods or imposition of penalty is not justified –Decided in favour of Assessee. - Appeal No.2989-2990/2010 - - - Dated:- 10-5-2013 - Mrs. Arch .....

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..... ted the goods with option to the appellants to redeem the same on payment of redemption fine of Rs.1.50 lakh and imposed penalty of Rs.45,063/- on M/s. SR Ice Cold Storage Pvt.Ltd. and identical amount of penalty on Shri Hirdesh Goyal, Director. 3. On the above order, the Commissioner (Appeals) has held as under: With regard to imposition of penalty upon the appellant M/s. S. R. Ice Cold S .....

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..... ed. Hence, I reduce the penalty to Rs.22,532/- (amount claimed to have been pre-deposited) under Rule 25(b) of Central Excise Rules, 2002 upon the appellant S.R. Ice Cold Storage Pvt. Ltd. 4. Apart from reducing penalty on the manufacturing unit, he also reduced penalty on the director to Rs.22,532/-. He did not disturb the order of confiscation with option to the appellants to redeem the same .....

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