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TMI Blog2017 (6) TMI 1135X X X X Extracts X X X X X X X X Extracts X X X X ..... , Joint Commissioner (AR), for Respondent ORDER Per: Anil G. Shakkarwar The present appeal is directed against Order-in-Original No.10/Commr/LKO/2006-07 dated 23/03/2007 passed by Commissioner of Central Excise, Lucknow. 2. The brief facts of the case are that the appellant were issued with a show cause notice F.No.161/INT/DGCEI/HQ/2003 dated 20.10.2004 wherein they were called up on, to show ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s. 7,17,16,580/- against M/s Shyam Traders, Lucknow. Further, in addition to various other orders, original authority imposed penalty of Rs. 75 lakhs on appellant under Rule 26 of Central Excise Rules, 2002. On page No.93 of the said Order-in-Original dated 23.03.2007 the learned original authority has held that the show cause notice proposed imposition of penalty under Rule 27 of Central Excise R ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... der-in-Original is concern that the original authority imposed penalty under Rule 26 on appellant, the same is not sustainable because the order has traveled beyond the show cause notice. 5. The learned A.R. for Revenue has supported the impugned Order-in-Original. 6. Having considered the rival contentions, we find that the imposition of penalty of Rs. 75 lakhs on the appellant through the said ..... X X X X Extracts X X X X X X X X Extracts X X X X
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