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TMI Blog2018 (8) TMI 888X X X X Extracts X X X X X X X X Extracts X X X X ..... ent: Shri H. Singh, AR ORDER PER: ASHOK JINDAL This is second round of litigation. In the earlier round of litigation, the penalty imposed on M/s. Standard Electricals was in dispute which has been referred to the larger bench of this Tribunal and the larger bench of this Tribunal has answered the reference as under:- "6. We have examined the appeal papers. We have perused order dated 27-9-2 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . Considering the above discussion and analysis, we note that there is no contrary decision of the Coordinate Benches on the issue referred by the Chandigarh Bench. As such, the case is returned back to the referral Bench for a decision on merits regarding impossibility of penalty on M/s. Havells India Ltd., keeping in view the facts and legal position applicable." 2. It is indicated by the large ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tic person and on juristic person, the penalty can be recovered from a person only and cannot be fastened liability on the successor. In that circumstance, we set aside the recovery of penalty from M/s. Havells India Limited. 4. In view of foregoing, following order is passed:- (i) the demand along with interest is confirmed, (ii) the penalty imposed on M/s. Standard Electricals Limited cannot ..... X X X X Extracts X X X X X X X X Extracts X X X X
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