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2000 (6) TMI 82
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....r (T)]. - Arguing the case for the three appellants Shri G. Shiv Das, ld. Counsel submits that the appellant is a 100% Export Oriented Unit manufacturing Polyester/Synthetic Yarn, Cotton Yarn and Blended Yarn; that the appellant maintains a running bond account which at the time of clearance of goods meant for export, is debited with an amount equivalent to the Central Excise Duty payable on the g....
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....le 173Q was not applicable in their case as the appellants were governed by provisions of Chapter VA of the Central Excise Rules, 1944; that the Ld. Commissioner proceeded to impose penalty under Rule 209 of the Central Excise Rules; that this rule was not invoked in the SCN; that the Commissioner himself holds that the appellants are liable to penal action under Rule 14A of the Central Excise Rul....
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....ovisions of Rule 209; that Rule 14A also does not provide for confiscation of goods, therefore, imposition of penalty under Rule 209 on the individuals is not correct. In support of his above legal contentions, Ld. Counsel refers to various Rules relevant for the purpose. Ld. Counsel submits that in view of the above submissions, the three appeals may be allowed. 6. Shri R.D. Negi, ld. DR submi....