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TMI Blog2017 (11) TMI 142X X X X Extracts X X X X X X X X Extracts X X X X ..... reference to the direction issued by the Tribunal on valuation issue. However, when the liberty is given to the Commissioner for imposition of penalty after a due findings, a clear reason based finding should have been recorded by the original authority before imposing penalties under Rule 209A - In view of complete absence of any reasoning for imposition of penalty on these appellants, penalties ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Automobiles Ltd, were engaged in the manufacture of motor cars liable to Central Excise duty. Entertaining certain doubt regarding correctness of value adopted by M/s. Sipani Automobiles Ltd. to discharge Central Excise duty, investigations were conducted by the Revenue which resulted in the demand proceedings against them. On completion of the demand proceedings, differential duty was confirm ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y Two Lakhs Fifteen Thousand One Hundred and Fifty Eight only). There is no appeal against duty demand and also against penalty of ₹ 10,00,000/- (Rupees Ten lakhs only) imposed on M/s. Sipani Automobiles Ltd. The present three appeals are by two officials of M/s. Sipani Automobiles Ltd. (Shri R.K. Sipani), Managing Director, (Shri Dinesh Sipani) Joint Managing Director and M/s. Dolphine Mo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... vity with an intention to evade payment of duty. 5. Learned AR defended the impugned order and submitted that there is substantial short payment of duty which is confirmed in the impugned order and this has become final. He also submitted that the main party has also cleared goods, on which credit has not been reversed, without due accounting. This has been confirmed by the Tribunal in the a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nder Rule 209A. In view of complete absence of any reasoning for imposition of penalty on these appellants, we are constrained to set aside the impugned order only with reference to imposition of penalties on these three appellants under Rule 209A of the Central Excise Rules 1944. The appeals are allowed. (Order Pronounced and Dictated in Open Court on 10/08/2017) - - TaxTMI - TMITax - Cen ..... X X X X Extracts X X X X X X X X Extracts X X X X
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