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TMI Blog2017 (10) TMI 1032X X X X Extracts X X X X X X X X Extracts X X X X ..... s aware about the clandestine nature of the goods. Hence he has aided and abeted to evasion of duty made by M/s. MITC Rolling Mills Pvt. Ltd. - penalty upheld, however the quantum of penalty reduced - appeal allowed in part. - E/719/12 - A/89508/17/SMB - Dated:- 1-9-2017 - Shri Ramesh Nair, Judicial Member None, for appellant Shri A.B. Kulgod, Asst. Commr (AR), for respondent OR ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Mills Pvt. Ltd, who has purchased the goods clandestinely removed by M/s. MITC Rolling Mills Pvt. Ltd, and the payment was made in cash. Therefore the appellant was well aware that the goods were cleared without payment of duty hence it was liable for confiscation. 5. I have carefully considered the submissions made by learned A.R. and perused the records. 6. As per the facts of the case th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Mantri has paid consideration of ₹ 67,71,355/- in cash to Shri Atul Chapsi Shah. These facts have also clearly been admitted by Shri Atul Chapsi Shah, Director of M/s. MITC in his statements dated 29.07.2010. Therefore, I hold that the notice No.3 was in complete knowledge of the fact that 248.490 MT of MS Ingots/billets received from M/s. MITC were cleared without payment of due Central Exc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... clear belief that the goods are liable for confiscation. Accordingly the penalty under Rule 26 of Central Excise Rules, 2002 is clearly applicable. However, against total involvement of duty of ₹ 5,15,484/- imposing penalty of ₹ 5,00,000/- is excessive. Therefore considering the facts and circumstances of the case, I am of the view that the penalty on the appellant deserves reduction. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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