C.C.E. Vs. K.C. Alloys and Steel Castings - Court Judgment

Excerpt:

1. heard both sides and perused the records. the revenue's contention in this appeal is that the commissioner (appeals) should not have reduced the penalty under rule 96 zp(3) and penalty is required to be imposed equal to the duty imposed. learned sdr points out that this position remains confirmed by the judgment of the allahabad high court in the case of pee aar steels (p) ltd. v. c.c.e. meerut, 2004 (93) ecc 633 (all).2. as against the above submission of the learned sdr, the learned counsel for the respondent has pointed out that this issue, including the judgement of the allahabad high court, was considered by the tribunal in its final order no. 914/04-b dated 9.11.04 in the case of c.c.e., chandigarh v. deepak iron & steel rolling mills and the tribunal 3. in the light of the aforesaid division bench order of the tribunal, there is no merit in the contention of the revenue that penalty equal to the duty amount is required to be imposed. appeal is rejected.

Judgment:

1. Heard both sides and perused the records. The Revenue's contention in this appeal is that the Commissioner (Appeals) should not have reduced the penalty under Rule 96 ZP(3) and penalty is required to be imposed equal to the duty imposed. Learned SDR points out that this position remains confirmed by the judgment of the Allahabad High Court in the case of Pee Aar Steels (P) Ltd. v. C.C.E. Meerut, 2004 (93) ECC 633 (All).

2. As against the above submission of the learned SDR, the learned Counsel for the respondent has pointed out that this issue, including the judgement of the Allahabad High Court, was considered by the Tribunal in its Final Order No. 914/04-B dated 9.11.04 in the case of C.C.E., Chandigarh v. Deepak Iron & Steel Rolling Mills and the Tribunal 3. In the light of the aforesaid Division Bench Order of the Tribunal, there is no merit in the contention of the Revenue that penalty equal to the duty amount is required to be imposed. Appeal is rejected.