2017 (5) TMI 1130

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....ri. V.K. Shastri, Asstt. Commissioner (A.R.) for the Respondent ORDER Per: Ramesh Nair These three appeals filed by Shri. Madhukar Harde, M/s. Meta Process and M/s. ISI Bars Ltd on whom penalties under Rule 209A of the Central Excise Rules, 1944 were imposed by the Ld. Adjudicating authority in the impugned order therefore appellants filed these appeals for setting aside the penalties imposed u....

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....inst Tribunal's order dated 27-2-2008, department has filed an appeal in the Hon'ble High Court, but no stay has been granted till date. 4. We have carefully considered the submissions made by both sides and perused the records. 5. We find that there is a common adjudicating order was passed against M/s. Ferro Alloys Corpn. Ltd, Shri. Vinod Saraf and Shri. P.D. Lele, Meta Process, and Isi Bar. D....

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....As such in view of the foregoing reasoning. We find that the impugned order that confirms the demand of the duty and imposes equivalent amount of penalty on the appellant company and imposing penalty on two officers of the company is unsustainable and is liable to be set aside and we do so. The appeals are allowed with consequential relief, if any. From the above order of the Tribunal, it can be ....