2000 (11) TMI 377

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....Appellant. Shri M.M. Dube, JDR, for the Respondents. [Order per : S.S. Sekhon, Member (T)]. -  The stay application of the appellant/manufacturer and its Managing Director are taken up for disposal, after hearing the learned Advocate and the learned DR. 2. Consequent to the search and seizure operations conducted by the Anti-evasion Officers, a show cause notice was issued, w....

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....n 11AC of the Central Excise Act, 1944 and Rs. 5 lakhs under Rule 209A on Shri Arun Kumar Bansal, the then Managing Director of the manufacturing company. 3. We have considered the submissions made and the case law submitted that the manufacturer is a BIFR company and due to its sickness, the heavy penalty imposed cannot be paid by them. We have also considered that the period of demand in....

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....aging Director of present appellant before us, the Managing Director of the Company is a very responsible person under the Companies Act in-charge of the affairs of the company and if clandestine removal of the goods without payment of duty was within his knowledge, the penalty imposed under Rule 209A prima facie appears to be called for. However, keeping in mind the certificate of assets submitte....