2016 (6) TMI 355

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..... a), which has been dismissed by us by order of date. Thus, no penalty could have been imposed upon a partner of M/s Capston Rubber (India). - Decided against the revenue - Central Excise Appeal Defective No. 135 of 2015 - - - Dated:- 19-4-2016 - Hon'ble Dilip Gupta And Hon'ble Ravindra Nath Kakkar, JJ. For the Appellant : Ashok Singh, Sr. S. C. ORDER This appeal has been f .....

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..... the partner was responsible for controlling the day-to-day functioning of the Unit and that he had failed to act with an intent to evade payment of duty. The Tribunal by order dated 15 February 2013 allowed the appeal filed by the assessee and set aside the central excise duty. Miscellaneous applications filed by the Department for recall of the order were also rejected by the Tribunal by order d .....

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