TMI Blog2014 (4) TMI 874X X X X Extracts X X X X X X X X Extracts X X X X ..... lement and the adjudicating authority has given the benefit of provisions of Section 11A(2B) of the Central Excise Act, 1944 for non imposition of penalty on the main noticee - proceedings against the main noticee being concluded, and the show cause notice being common to all noticees, the co-noticee need not be charged with any penalty under provisions of Rule 26 of the Central Excise Rules, 2002 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... used the records. 3. On perusal of the records, I find that the appellant herein has been penalised under Rule 26. As correctly submitted by the ld. counsel, the main noticee M/s. Banco Ltd. had settled the issue by paying the duty liability and the interest thereof before the issuance of show cause notice and the excise authorities have accepted such settlement and the adjudicating authority ha ..... X X X X Extracts X X X X X X X X Extracts X X X X
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