2016 (12) TMI 1162

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... absence of any positive evidence of clandestine removal of the goods, I am of the opinion that imposition of penalty on the Company as well as on its Managing Director is not justified. Therefore, I set aside the impugned order with regard to imposition of penalty and allow the appeals. Appeal disposed off - penalty set aside - decided in favor of appellant-assessee. - Excise Appeal No.E/5500 .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... no penalty can be imposed under Rule 25 of the Central Excise Rules read with Section 11AC of the Central Excise Act 1944. He also submits that since the goods have not been clandestinely removed, imposition of penalty on the Managing Director is also not justified. 3. Per contra Sh. R K Mishra, the Ld. DR appearing for the Revenue reiterates the findings recorded in the impugned order. 4. I .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X