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TMI Blog2012 (8) TMI 855X X X X Extracts X X X X X X X X Extracts X X X X ..... the offence of the director cannot be more than that of the company. Having regard to the decision of the Tribunal and the quantum of penalty imposed on the assessee and having regard to the fact that penalty, interest and duty was paid by the assessee promptly for which also the director can be said to be responsible and having regard to the facts and circumstances of the case, I consider that p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rongly without actual receipt of goods but on the basis of invoices. The demand for cenvat credit wrongly availed with interest was confirmed and penalty equal to the duty was also was imposed. A penalty of Rs.5 lakhs was imposed on the director. On an appeal filed by the director, the Commissioner (Appeals) took the view that penalty of Rs.5 lakhs imposed on the director is excessive in view of t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in the case of Hitesh Kumar Patel 2009 (245) ELT 858 (Tri. Ahmd.), CCE Vapi Vs. Bhavani Smelters Pvt. Ltd. 2009 (236) ELT 176 (Tri. Ahmd.) to submit that reduction of penalty on the director is appropriate and there is no need to interfere with the order. 3. I have considered the submissions made by both the sides. 4. I find that the decisions of Tribunal in the case of CCE Vapi Vs. Bhavani Sm ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e said two respondents are rejected. The application and the appeal are disposed of in the above terms 5. In the decision cited above, the Tribunal has taken a view that penalty on the managing director need not be imposed when the assessee was penalized. Further it also cannot be said that Commissioner has not considered the gravity of the offence of the director. He has said that gravity of th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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