2014 (2) TMI 1190

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....DGMENT This Civil Miscellaneous Appeal has been directed against the order, dated 21-7-2009 in Final Order No. 725 of 2008 in Appeal No. E/443/2003 passed by the CESTAT, Southern Zonal Bench, Chennai. 2. The respondent herein has been engaging the business of fire­works. During the years 1994, 1995 and 1996 the respondent has distributed some gift boxes even without paying duty. Under t....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....s appellant. 4. Even though the respondent has been served with summons, appearance has not been made. Under the said circumstances, the present Civil Miscellaneous Appeal is disposed of on merits on the basis of the contentions putforth on the side of the appellant. 5. At the time of admitting the present civil Miscellaneous Appeal, the following substantial question of law has been s....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....n 5-11-1997 and that too prior to issuance of show cause notice, dated 7-9-1998, the respondent cannot absolve its liability from paying penalty under the Section mentioned supra. 9. The CESTAT without properly considering the said provision has simply found that since before the issuance of show cause notice the respondent has paid Central Excise Duty, it need not pay penalty. Since the sai....