2015 (10) TMI 1327

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....e appellant company was new to Indian law when came to set up its factory. It commenced manufacture of "Conveyor Belts" in July, 2006. It made application to the Excise Department for grant of registration under the Central Excise Law. Such registration was granted w.e.f. 22.09.2006. It made first clearance of the goods manufactured to Hyundai Motors on 07.09.2006 issuing excise invoice awaiting r....

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....o impose huge penalty of Rs. 42,13,660/-. Even the director who was innocent should not face penalty. 2. According to appellant, ld. Commissioner (Appeals) granted partial relief of penalty to Shri. C.E. Kim, Managing Director of the Company, who faced penalty under Rule 26 of Central Excise Rules, 2002. That was reduced to Rs. 5,00,000/- as against Rs. 10,00,000/- imposed on him. But appeal of t....

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....son why the duty collected was not deposited. Department has not come out with clear evidence to show malafides of the appellants or their contumacious conduct to establish evasion. 6. Section 11AC of Central Excise Act, 1944, has two essential ingredients. First ingredient is "intention" and the second one is "evasion". From the totality of the reading of the records, that nowhere exhibits the i....