Commissioner of Central Excise, Vs. Fainger Leser Valve P. Ltd. - Court Judgment

SooperKanoon Citationsooperkanoon.com/26499
SubjectExcise
CourtCustoms Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided OnNov-01-2001
AppellantCommissioner of Central Excise,
RespondentFainger Leser Valve P. Ltd.
Excerpt:
1. the revenue has filed the above appeal against the order of the commissioner of central excise (appeals) who set aside the penalty imposed upon the assessees/respondents herein holding that there was no over drawal of money from pla because the assessees deposited the amount by demand draft which is treated at par with cash and as a guaranteed instrument.2. on hearing both sides and perusing the impugned order, i hold that no satisfactory grounds for dislodging the finding of the lower authority have been advanced before me and hence i find no reason to admit this appeal. accordingly, the appeal is rejected.
Judgment:
1. The Revenue has filed the above appeal against the order of the Commissioner of Central Excise (Appeals) who set aside the penalty imposed upon the assessees/respondents herein holding that there was no over drawal of money from PLA because the assessees deposited the amount by Demand Draft which is treated at par with cash and as a guaranteed instrument.

2. On hearing both sides and perusing the impugned order, I hold that no satisfactory grounds for dislodging the finding of the lower authority have been advanced before me and hence I find no reason to admit this appeal. Accordingly, the appeal is rejected.