9911796707
TMI Blog2007 (7) TMI 184X X X X Extracts X X X X X X X X Extracts X X X X ..... in OIO there was no finding of suppression of material facts or mis-statement, etc., which would have attracted Section 11AC - In view of absence of requirements to attract Section 11AC, the order setting aside the penalty u/s 11-AC that was imposed by the Comm (A) does not call for interference – revenue appeal dismissed X X X X Extracts X X X X X X X X Extracts X X X X ..... ppeals). The appeal and cross objection were disposed of by the Commissioner (Appeals) vide his judgement and order dated 14-08-2003, but imposed penalty of Rs. 50,000/- under section 11-AC of the Central Excise Act and also personal penalty of Rs. 20,000/- was imposed upon the Director of the Company. Both the parties preferred Cross Appeals which were disposed of by the Customs, Excise and Servi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s) could not have been set aside by the CESTAT on the sole ground that the duty was paid before issuance of show-cause notice. Submission by learned Assistant Solicitor General Shri Alok Sharma to that extent is required to be upheld. 5. At this stage, learned advocate Shri Raje representing the Assessee raises a cross-objection. He states that conditions required by section 11-AC that evasion of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... herefore, there is no question of invoking provisions of Sec. 11AC & 11AB for penalty & interest." On going through the order of the Commissioner (Appeals), we are unable to find any reasons discussed for the purpose of reversing the finding of the Joint Commissioner in the Order-in-Original that there was no suppression of material facts or mis-statement, etc., which would have attracted provisi ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
