2015 (1) TMI 211

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..... itation to drop the penalties imposed on the Reliance Industries Ltd., then why he has not adopted the same principle for dropping the penalties proposed against all other co-noticees. I am of the view that on the principle of equity, immunity to all the co-noticees of the show cause notice is to be granted. When immunity has been granted to M/s. Reliance Industries Ltd., the appellants are also r .....

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..... stead of POY in the said two containers which was cleared from the factory. Therefore, proceedings were initiated and it was found that earlier also 11 consignments were exported by M/s. Reliance Industries Ltd. Separate proceedings were initiated against those eleven containers as well as these two containers. The matter was adjudicated and a separate order was passed. The allegation is that in t .....

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..... law since penalty of ₹ 5,00,000/- is already imposed on them under Rules 14A and 209 of Central Excise Rules, 1944 thus penalty cannot be imposed twice in respect of same transaction as it will amount to double jeopardy. I have no hesitation in concluding that the company M/s. Reliance Industries Ltd. who is one of the noticee to the show cause notice is not liable to penal action. But t .....

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