2008 (8) TMI 326

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....appellant revenue has proposed the following two questions: "(a) Whether in the facts and circumstances of the case, the Tribunal is justified in setting aside the penalty imposed on the respondent, proprietor of M/s. Karan Textile-Trader, on the ground that penalty imposed under Rule 209A of the Central Excise Rules, 1944 on the Trading firm was set aside despite M/s. Karan Textiles having subse....

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....equence, no penalty could be imposed on such a Trading concern. However, the personal penalty on the proprietor was confirmed by the Commissioner (Appeals), against which the respondent assessee carried the matter in appeal before the Tribunal. 3. The Tribunal recorded as under: "After hearing the learned DR and considering, the facts and circumstances of the case, I am of the view that appellat....