2024 (11) TMI 468

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....t when the case of main appellant involved demand of duty interest and penalty has been settled under SVLDRS-2019 whether the penalty on co-noticees can be continued or otherwise? 2. Shri P.K. Shetty, A.X.S, Jiwan and Shri N.K. Oza counsels and consultant appeared on behalf of the appellants. They submitted that now it is a settled law that when the main case of demand of duty is settled under SVLDRS-2019, the penalty on the co-noticee will not sustain. They relied on the following judgments: • Anil K Modani vide Final Order No. A/87176-87178/2023 dated 30.11.23 • Vikas Agarwal Final Order No. A/11738/2021 • Uni Deritend Ltd. 2011 (272) ELT 312 (T. Mum) • Ispat Indus. Ltd. 2008 (226) EL....

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....orised Representative, was in the specific context of 'conjunctions' employed in rule 14 of CENVAT Credit Rules, 2004 and the consequence thereof for recovery of credit along with interest. Chapter V of Finance Act, 2019 expressly pertains to 'legacy dispute resolution scheme' which considered deposit of duty involved in dispute to suffice for grant of relief of interest, penalty and any other consequence under Central Excise Act, 1944 or Finance Act, 1944. The scheme is all about 'tax dues' which itself has been set out in section 123 of Finance Act, 2019 with all the alternatives restricting themselves to the total amount of duty or total amount of duty in dispute, as the case may be. Furthermore, section 124 of Finance Act, 2019 specifie....

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.... dated 08.05.2024 "In this appeal the appellant has challenged the personal penalty of Rs.50,000/- under Rule 26 of Central Excise Rules, 2002. The penalty was imposed on the charge of abating the evasion of duty by M/s. Atlas Plastics. When the matter was called out written submission was placed on record by the appellant wherein it is submitted that the main party's case of M/s. Atlas Plastics has been settled under SVLDRS 2019 and this Tribunal has disposed of appeal vide order No. 12602/2023 dated 07.11.2023 in the light of the settlement of the case of main party, hence the personal penalty of appellant be set aside. It is also submitted that the appellant has not played any role for evasion of duty by M/s. Atlas ....