2017 (1) TMI 800

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....Technical) Shri Rajesh Chhibber, Advocate, for Appellant Shri L. Patra, Assistant Commissioner (AR), for Respondent Per: Anil Choudhary The present appeal is filed by the appellants, M/s Surendra Kumar Jain & Virendra Kumar Jain, against Order-in-Original No.10/Commissioner/LKO/2006-07 dated 15/02/2007 passed by Commissioner of Central Excise & Customs (Appeals), Lucknow. 2. The bri....

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....f arrangement of providing fictitious and bogus entries in the books of accounts of Ms. Shyam Vanaspati Oils Ltd., (SVOL) and in turn facilitated M/s Shyam Traders in an attempt to escape from the penal action against them for contravening the provisions Central Excise Act and Rules made thereunder. The Id. Counsel draws our attention to the Final Order No. 769-774/2011-EX dated 12/08/2011, wherei....

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....lsiyan, Shri Virendra Jain and Shri Surendra Jain had acquired possession of or Were in any manner concerned in transporting, removing, depositing, keeping, concealing, selling or purchasing, or in any other manner, dealing with any excisable goods which they knew or had reason to believe was liable for confiscation. The charge against these persons is basically of money laundering, for which ther....

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....penalty under Rule 26 of Central Excise Rules, 2002 on M/s SVOL, Shri Sanjiv Mishra and Shri Pratyoosh Mishra, both the directors of M/s SVOL. The Id. Counsel, further, urges that in view of the categorical findings by Tribunal that the appellants have not done anything amounting to contravention of the provisions of Central Excise Act & Rules, no penalty is sustainable under Rule 26 of Central Ex....