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TMI Blog2007 (3) TMI 97X X X X Extracts X X X X X X X X Extracts X X X X ..... l No. E/1125/2001/MAS - Final Order No. 326/2007 - Dated:- 30-3-2007 - [Order per : P.G. Chacko, Member (J)]. - This appeal filed by M/s. BOB Corporation is against imposition of penalty of Rs. 15 lakhs on them by the adjudicating authority under Rule 209A of the Central Excise Rules, 1944 and Rule 26 of the Central Excise (No. 2) Rules, 2001. 2. After examining the records and hearing bot ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nfiscated under Rule 173Q of the Central Excise Rules, 1944/Rule 25 of the Central Excise (No. 2) Rules, 2001, we called upon ld. SDR to point out any such findings in the impugned order, but he could not Any person who is sought to be penalized under Rule 209A of the Central Excise Rules 1944 must be found to have acquired possession of, or was in any way concerned in transporting, removing, depo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... activities of the party were with the knowledge or belief that the said goods were liable to confiscation under the Central Excise Act or Central Excise Rules. Such knowledge or belief is sine qua non for a penalty under Rule 209A/Rule 26 There is no finding whatsoever on this aspect in the Commissioner's order. 3. In the result, the penalty on the appellants is set aside and the appeal is al ..... X X X X Extracts X X X X X X X X Extracts X X X X
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