2005 (1) TMI 233

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..... at penalty of Rs. 44,955/- has been imposed on M/s. Kopran Ltd. under Rule 173Q of Central Excise Rules, 1944 read with Section 11AC of Central Excise Act, 1944 and penalty of Rs. 10,000/- has been imposed on Shri Kailash Singh, Excise Executive of M/s. Kopran. The ld. Consultant appearing for the appellants submitted that a theft has taken place in 1999 in the factory of the appellants and a FIR .....

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..... . The question is with regard to the penalty portion only. 3. After hearing both sides and perusal of the records, I find that no mens rea can be found on the part of the appellants when they have lodged FIR with regard to the theft and as such when they are not contesting duty amount, I do not find any justification for imposition of penalty. I, therefore, set aside the penalty imposed on the a .....

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