2016 (8) TMI 125

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... the Constitutional validity of amendment made in Section 35F of the Central Excise Act, 1944 (herein after referred to as the Act) and the validity of the circulars is also upheld. 2. We have heard Mr. G.Shivadass, the learned Counsel appearing for the appellants and Mr.Jeevan J.Neeralgi, the learned Senior Central Government Standing Counsel for the respondents. 3. We may record that when the matter was taken up for the first time, the learned Counsel for the appellants had submitted that, one of the appellant concerned in W.A.No.4856/2015 is ready to deposit the amount of 7.5% and this Court may consider the same for dispensing with the recovery from the concerned Officer. In view of the said declaration, the notice was issued and ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....irous to pursue the appeal prefer red before the Tribunal. He further submitted that so far as the question of vires and validity of Sec. 35F is concerned, if the same is kept open, the respondents cannot have any objection. 6. We may record that the quantum of penalty imposed upon the appellant - Company is of Rs. 6 crores and 7.5% of the said amount would come to Rs. 45 lakhs. Whereas, so far as the Officer of the appellant - Company, namely appellant No.2 is concerned, the penalty imposed is of Rs. 50 lakhs and 7.5% thereof may come to Rs. 3.75 lakhs. Considering the facts and circumstances of the case, it appears to us that if the appellant is relegated to pursue the appeal before the appellate authority, and as the penalty is separa....