2009 (5) TMI 628

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....emant Bajaj, Advocate, for the Respondent. [Order]. -  Revenue filed this appeal against order of the Commissioner (Appeals) whereby penalty imposed under Section 11AC of Central Excise Act, 1944 was set aside. 2. After hearing both sides and on perusal of the records, it is seen that on 4-5-2006 the Central Excise officers visited the respondent's factory and conducted stock ve....

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....vocate relied upon the decision of Hon'ble Punjab & Haryana High Court in the case of CCE v. Omkar Steel Tubes (P) Ltd., reported in 2008 (221) E.L.T. 200 (P&H) wherein it has been held that penalty could still be imposed as long as various elements envisaged by Section 11AC of the Act are satisfied including presence of mens rea. In the said case the Director of the assessee stated that he was no....