2013 (12) TMI 1286 - AT - Central Excise

CESTAT affirms decision on excise goods removal case; penalties upheld, waiver only under Section 11AC

The Appellate Tribunal CESTAT NEW DELHI upheld the decision of the adjudicating authority and Commissioner (Appeals) in a case of clandestine removal of ... Waiver of penalty and interest - Clandestine removal of excisable goods - Held that:- When the issue was brought out, respondent paid duty payable on the goods along with interest and 25% of the duty amount as penalty immediately on issue of the show cause notice - where the payments as stated in Section 11A(1A) are made, all the proceedings in respect of the assessee and other persons shall be deemed to be conclusive as to the matters stated therein - Decided against Revenue. The Appellate Tribunal CESTAT NEW DELHI upheld the decision of the adjudicating authority and Commissioner (Appeals) in a case of clandestine removal of excisable goods. The Tribunal dismissed the appeal filed by the Revenue, stating that penalty under Section 11AC could be waived, but not penalties under Rule 25 and Rule 26 of the Central Excise Rules, 2002. The Tribunal found no merit in the Revenue's appeal.