Custom, Excise & Service Tax Tribunal
M/S. Shivang Ispat Pvt. Ltd vs Commissioner Of Customs & Central ... on 25 June, 2010
IN THE CUSTOMS, EXCISE AND SERVICE TAX APPELLATE TRIBUNAL
WEST ZONAL BENCH AT MUMBAI
Application No. E/S/2000/09-Mum. In
Appeal No. E/1427/09-Mum.
(Arising out of Order-in-Appeal No. YDB/210/RGD/2009 dated19/11/2009 passed by the Commissioner (Appeals) Central Excise, Mumbai-II
For approval and signature:
Honble Shri Ashok Jindal, Member (Judicial)
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1. Whether Press Reporters may be allowed to see : No the Order for publication as per Rule 27 of the CESTAT (Procedure) Rules, 1982?
2. Whether it should be released under Rule 27 of the :
CESTAT (Procedure) Rules, 1982 for publication in any authoritative report or not?
3. Whether Their Lordships wish to see the fair copy : Yes of the Order?
4. Whether Order is to be circulated to the Departmental : Yes authorities?
============================================================= M/s. Shivang Ispat Pvt. Ltd. :
Appellants VS Commissioner of Customs & Central Excise, Mumbai. Respondents Appearance Shri M.L.Grover, Advocate for Appellants Shri B.P. Pareira, JDR Authorized Representative CORAM:
Shri Ashok Jindal, Member (Judicial) Date of decision : 25/06/2010 ORDER NO.
Per : Ashok Jindal, Member (Judicial) The applicant filed this application for the stay of penalty imposed on them amounting to Rs. 5,00,000/- under Rule 26 of the Central Excise Rule 2002.
2. On perusal of the record, it is found that duty involved is Rs. 11,966/-. As per Rule 26 of the Central Excise Rules, 2002 the maximum penalty can be imposed upto Rs.10,000/- or the duty involved whichever is higher. The penalty of Rs.5,00,000/- is not warranted in this case.
3. After hearing both the sides at length, I take up the appeal itself for disposal after dispensing with the requirement of pre-deposit of penalty.
4. As discussed, the maximum penalty under Rule 26 of Central Excise Rules, 2002 can be imposed upto Rs.11,966/- in this case equal to the duty involved, I reduce the penalty to Rs.11,966/- which is to be paid within 4 weeks of the communication of this order.
5. With these observations, the appeal and the stay applications are disposed of.
(Pronounced in court) (Ashok Jindal) Member (Judicial) Sm 2