2014 (6) TMI 485

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... PER : G Raghuram Heard the ld. A.R. for Revenue and Shri Udit Jain, ld. Advocate for the respondent - assessee. 2. Revenue has preferred this appeal against the order dated 9.7.2001 passed by the Commissioner (Appeals), Customs and Central Excise, Jaipur II. The respondent/assessee had preferred an appeal against the adjudication order dated 8.11.2000, whereby the Joint Commissioner, Cen....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....it, under Rule 209A of the Central Excise Act, 1944. 3. That appeal was partly allowed by the appellate Commissioner, following the judgment of this Tribunal in an appeal preferred by another similarly situated assessee - M/s Euro Cotspin Ltd.; reported in 2001 (127) ELT 52 (Tri-Del.). The Euro Cotspin judgment concluded that even in a case of clandestine removal, the benefit of exemption Notif....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....s.23,305/-, which is the excise duty payable on the said yarn as mentioned in the show cause notice dated 16.12.1999. The appellate Commissioner also held that since penalty equivalent to duty amount was imposed, penalty of Rs.25,000/- imposed under Rules 9(2), 173Q of the Central Excise Rules, 1944 and the penalty of Rs.20,000/- imposed under Section 112 of the Custom Act, 1962, is set aside. ....