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TMI Blog2017 (4) TMI 322X X X X Extracts X X X X X X X X Extracts X X X X ..... a case of bona fide action is required to be examined. As already observed, that the clearance of product during a holiday, which product is already entered in the records, without raising an invoice can be considered to be a bona fide action of the assessee, thus not inviting any penal action against them in terms of Section 11AC. However, the fact remains that the goods were cleared without pay ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ,38,560/- involving Central Excise duty of ₹ 5,50,195/- was detected. 2. Statement of Shri Ashish Sharma, Company Secretary and authorized signatory of the appellant was recorded wherein he admitted the shortage and also deposed that the goods were cleared on the previous date i.e. 21-12-2007, which was otherwise a holiday on account of Eid. As such, the invoices for such clearance could ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... licants and Shri R.K. Mishra, DR for the respondent, I find that the challenge in the present appeal is only to imposition of personal penalty of ₹ 5,50,195/-. 5. Ld. Advocate s submission is that the appellant had clarified on the date of visit of officers itself that the goods were cleared on previous date which happened to be a holiday on account of Eid and as such invoices could not b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... day. Though I agree with the ld. AR that, if that be so, they could not have cleared their goods on a holiday. However, the said emergency situation leading to clearance of goods on a holiday can only be in the knowledge of the assessee businessman and cannot be the subject matter of the discussion in the adjudication proceedings. 7. The penalty under Section 11AC is imposable to the extent of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nt, the overall facts and circumstances of the case and by extending the benefit of doubt, I am of the view that imposition of penalty of ₹ 1 lakh in terms of the provision of Rule 25, would be justifiable. I order accordingly. 9. But for the reduction in penalty, the appeal is otherwise rejected. (Order pronounced in the open Court on 20-9-2016) - - TaxTMI - TMITax - Central Exci ..... X X X X Extracts X X X X X X X X Extracts X X X X
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