2010 (4) TMI 775

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.... Shri P.V. Sheth, Advocate, for the Respondent. [Order per : H.N. Devani, J. (Oral)]. -  After condoning the delay caused in filing the Tax Appeal, as the papers of the Tax Appeal are available with the Court, with the consent of the learned advocates for the parties, the appeal is taken up for hearing today. 2. Appellant-revenue has challenged order dated 24-6-2008 [2008 (23....

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....nal was justified in setting aside the penalty imposed on the respondent under Rule 26 of the Central Excise Rules, 2002 without recording any findings?" 6. The learned Standing Counsel has assailed the impugned order made by the Tribunal submitting that the order is absolutely silent as regards what weighed with the Tribunal while setting aside the penalty imposed on the respondent. 7.....

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....posed upon the present respondent and as to why the adjudicating authority was not justified in imposing the said penalty. While deciding the issue as regards the entitlement of M/s. Manaksia Limited to avail of CENVAT Credit, the Tribunal has also set aside the penalty imposed on the present respondent. 9. Thus, insofar as the case of the present respondent is concerned, the impugned orde....

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....g been assigned as to why the penalty imposed upon the respondent is required to be set aside, it is not possible for this Court to state one way or the other as to whether the Tribunal was justified in setting aside the said penalty. The impugned order of the Tribunal, being a non-speaking order insofar as the case of the present respondent is concerned, cannot be sustained to that extent. 11.....