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TMI Blog2015 (6) TMI 265X X X X Extracts X X X X X X X X Extracts X X X X ..... ld that:- penalty can be imposed on any person who acquires possession of excisable goods which he knows or has reason to believe that the goods are liable for confiscation. In the cases in hand it is not in dispute that the sugar which has been cleared for export purpose was cleared on examination and on debiting of B-1 Bond AR-4 documents. If the bond amount (which is executed for undertaking di ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed the records. 3. The issue involved in all these appeals is regarding penalties imposed on the appellants under Rule 26 of the Central Excise Rules 2002. 4. Learned Counsel Shri Nimesh Mehta is appearing on behalf of the appellants Shri Krishna Sahebrao Patil Dongaonkar And Shri Ramnath Bhanudas Patil, while the appellant Shri Siyaramji Gupta is not represented. Learned Counsel took me thr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... diverted to home consumption. According to him the statement recorded of Shri Siyaramji Gupta, Exporter, is very clear indicating that they have informed that the sugar which has been cleared for export has not been exported and the amount requires to be paid to department which he had kept with the assessee. 6. On consideration of the submissions, made by both sides and perusal of the records, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f the goods specified therein or abets in making such invoice; or (ii) any other document or abets in making such document, on the basis of which the user of said invoice or document is likely to take or has taken any ineligible benefit under the Act or the rules made thereunder like claiming of CENVAT credit under the CENVAT Credit Rules, 2004 or refund, shall be liable to a penalty not exceed ..... X X X X Extracts X X X X X X X X Extracts X X X X
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