2011 (8) TMI 184

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....tes   Per : Mr. M.V. Ravindran;   All these appeals are directed against the order in appeal No. 114 to 132/2006 (Ahd-III)CE/DK/Commr(A) dated 26.07.2006.   2. Since the issue involved is identical and Revenue is also aggrieved by the order of Commissioner (Appeals) for non imposition of penalty under Section 11AC on the Companies and Firms and setting aside the penalties on the ....

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....& Haryana. It is his submission that after the judgment of the apex court in the case of Rajasthan Spinning Mills & Ors, the penalty under Section 11AC is imposable where there is admitted fact of clandestine removal of the goods.   4. Learned Counsel would submit that the judgment of Hon ble Gujarat High Court in the case of M/s. Akash Fashion Prints Pvt. Limited 2009 (93) RLT 471 (Guj.), h....

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....of, as it is an admitted fact that the goods were cleared clandestinely in all these appeals.   7. As regards imposition of penalty under Section 11AC, as correctly pointed out by the learned DR, that apex Court has held that provisions of Section 11AC would automatically get attracted when there is clandestine removal. Upholding the penalty imposable on the assessee under Section 11AC of Ce....

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....the goods, without being reflected in the books of accounts. If that be so, we cannot sustain the impugned order setting aside the imposing of penalties on the individuals. On a specific query from the Bench, it has been informed that the statements recorded were not retracted. In our considered view, imposition of personal penalties under Rule 26 of Central Excise Rules, 2002 are correct and are ....