2005 (1) TMI 546

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

...., for the Appellant. Shri H.C. Verma, JDR, for the Respondent. [Order per : P.S. Bajaj, Member (J)]. - The above captioned two appeals have been directed against the common order in appeal. The Appeal No. E/4808/04-B has been filed by the assessee for setting aside the penalty of Rs. 1.5 lakhs confirmed against them by the Commissioner (Appeals) whereas Appeal No. 4548/04 has been filed b....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....oner (Appeals) has reduced the penalty to Rs. 1.5 lakhs. 3.The learned Counsel has contended that since duty was paid along with interest before the issuance of show cause notice, no penalty could be imposed on the assessees. The Counsel has referred to the Tribunal's judgments in the case of CCE, Meerut v. M/s. Bhagyashree Steels & Alloys (P) Ltd [Final Order Nos. 1327-1328/04-NB(A), dated 25-....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....thout any sufficient cause. During this period, they thus caused heavy loss to the Government and illegally utilized the Government revenue for their own purposes. The payment of entire outstanding duty was not made by the assessees voluntarily of their own by realising their mistake, but only after they had been caught by the Revenue on the wrong foot. Therefore, keeping in view their conduct, th....