2010 (7) TMI 237

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....aushik, Advocate for the appellant Mr. Sandeep Goyal, Advocate for the respondent ADARSH KUMAR GOEL, J. 1. This appeal has been preferred by the Revenue under Section 35(G) of the Central Excise Act, 1944 (for short, "the Act") against order of the Customs, Excise & Service Tax Appellate Tribunal, New Delhi, reducing penalty under Section 11AC of the Act. 2. Show Cause Notice dated 10.....

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....was reduced only on the ground that the amount was high. The relevant observations are:- ".......We, therefore, do not agree with the contention that Rule 173 Q (1) (bbb) cannot be invoked against the appellant. In their reply and their contention before us they have not been able to extricate themselves from the charges levelled against them on their involvement in wrong Modvat availment by M/....

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.... the role played by the Managing Director of the unit in his individual capacity and since no finding has been made out against him, we do not find any merits in invoking Rule 209A for imposing penalty on him....." 3. We have heard learned counsel for the parties. 4. Learned counsel for the Revenue submits that in view of judgments of the Hon'ble Supreme Court in Commissioner of Central Exci....