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TMI Blog2021 (12) TMI 1402X X X X Extracts X X X X X X X X Extracts X X X X ..... s, it is not possible without the knowledge of the Director, therefore, the Director is directly involved in the fraudulent availment of credit by his company. Therefore, he is correctly liable for penalty under Rule 26. However, the penalty from Rupees Two Lakh to Rupees One Lakh. Decided partly in favor of appellant. - Excise Appeal No. 12167 of 2018-SM - Final Order No. A/12576/2021 - ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he impugned order. He submits that as regard the demand case against the main company M/s Pramukh Copper (P) Ltd. attained finality. Against the confirmation of demand though the appellant was before this Tribunal under Excise Appeal No. 12166 of 2018 however the company got their case settled under SVLDRS-2019 and the appeal was dismissed by this Tribunal vide Final order No. 11017 of 2021. There ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... company, he had ful knowledge about what was going on in the factory. He was aware of the frauds and it was at his behest that the frauds were being committed. Further, he knew about the non-receipt of the 8mm copper rods in his factory and knew that only invoices were reaching the factory while the goods were being diverted somewhere else. He knew that the company was availing the CENVAT Cre ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of duty. 5. In view of the above findings, it is clear that since the appellant company has fraudulently availed the credit without receipt of the goods, it is not possible without the knowledge of the Director, therefore, the Director Shri Ronak Chaudhari is directly involved in the fraudulent availment of credit by his company. Therefore, he is correctly liable for penalty under Rule 26. How ..... X X X X Extracts X X X X X X X X Extracts X X X X
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