2003 (6) TMI 63

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.... Member (T)]. - This appeal is directed against imposition of a penalty of Rs. 60 Lakhs on the appellant M/s. Shaw Wallace & Co. The imposition of penalty has been done under 209A of the Central Excise Rules, 1944. The penalty on the appellant has followed a finding that a differential duty of over Rs. 3 crores was payable by the appellant's subsidiary M/s. Super Cosmetics (P) Ltd. in respect of s....

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.... that the appellant's case is covered by this Tribunal's decision in the case of Chemo Pulp Tissues v. Commissioner of Central Excise, Meerut reported in 2000 (119) E.L.T. 715 (Tri. - LB). The learned Counsel further submitted that the question of penalty under 209A arose only in cases where goods were liable to confiscation and a person dealt with such goods knowing them to be liable to confiscat....