2022 (6) TMI 773

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..... ppellant Ms. Tamanna Alam, Authorised Representative for the respondent ORDER ANIL CHOUDHARY: Heard the parties. 2. The present appeal is filed against imposition of penalty under Rule 26 of Central Excise Rules. 3. The brief facts of the case are that pursuant to search and seizure in the premises of the appellant certain incriminating records were recovered relating to the period May, 2011 .....

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..... l Order Nos. 51569 - 51570/2019 dated 01.08.2019, it was held that the allegation in the show cause notice are based on assumptions and presumptions having no legs to stand. Neither any evidence nor any incriminating documents have been found in the course of investigation from the appellant - M/s Shree Balaji Furnaces (P) Limited. Further, the person incharge of M/s Shree Balaji Furnaces (P) Ltd. .....

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..... 19 with respect to the demand raised against them arising from the same search and seizure, relating to the aforementioned period. In pursuant thereto appellant have paid their tax dues and they have been issued settlement certificate of dues in Form SVLDRS-4 dated 09.12.2019. Thus, in totality of the things, ld. Counsel prayed that it is in the interest of justice, balance penalty of Rs. 1 lakh u .....

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