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TMI Blog2018 (5) TMI 284X X X X Extracts X X X X X X X X Extracts X X X X ..... ed under Rule 26 of the Central Excise Rules, 2002 and to uphold to such penalty, the 1st Appellate Authority has not even recorded a single line finding as to how penalty imposed on M/s Kiritida Silk Mills is sustainable the facts of this case - penalty set aside. Appeal allowed - decided in favor of appellant. - E/1162 &1163/2009 - A/10366-10367/2018 - Dated:- 13-2-2018 - Mr. M. V. Ravindran., Member (Judicial) Sh. Anand Nainawadi, Advocate for the Appellant. Sh. N. Nagori, (AR), for the Respondent. [Order per: M. V. Ravindran] These two appeals are directed against Order-in-Appeal No. RKA/256-257/SRT-I/2009 Dated 09.04.2009. 2. Heard both sides and perused the records. 3. On perusal of records it transpires ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Order-in-Original was passed by the adjudicating authority on 23.03.2006 and appeal against that has been disposed of by the 1st Appellate Authority on 09.04.2009 which is the impugned order before the Tribunal. Without entering into the merits of the case, I find that on the neat question of law itself, these two appeals can be disposed of. It has not been disputed that the appellant M/s Anjani Dyeing Printing Mills was under voluntary winding up resolution dated 03.07.2003 and consequent to such resolution, final liquidator was appointed who entered into agreement for sale the entire assets and liabilities of appellant to M/s Kiritida Silk Mills for total consideration which were paid and the possession was handed over. From the li ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rest demand and penalties imposed are also unsustainable on Anjani Dyeing Printing Mills. 7. As regards penalty imposed on M/s Kiritida Silk Mills, I find the said penalty is imposed under Rule 26 of the Central Excise Rules, 2002 and to uphold to such penalty, the 1st Appellate Authority has not even recorded a single line finding as to how penalty imposed on M/s Kiritida Silk Mills is sustainable the facts of this case. 8. In view of this, and find that the penalty imposed Kiritida Silk Mills is liable to the set aside of this appellant. The penalty imposed on M/s Kiritida Silk Mills is set aside. 9. The appeals stands disposed of as indicated herein above. (Order pronounced in court on 13.02.2018) - - TaxTMI - TMITax - ..... X X X X Extracts X X X X X X X X Extracts X X X X
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