Supreme Court of India
Nagpur Alloy Castings Limited vs Collector Of Central Excise on 16 April, 2002
Equivalent citations: 2002(142)ELT515(SC), (2002)10SCC556, AIRONLINE 2002 SC 364, 2003 AIR SCW 3318, (2002) 103 ECR 277, (2002) 142 ELT 515, 2002 (10) SCC 556, (2002) 6 SUPREME 380, 2017 (16) SCC 485
Bench: S.P. Bharucha, N. Santosh Hegde, Shivaraj V. Patil
ORDER
1. The Tribunal has, by the impugned order, upheld the imposition of penalty, though it has reduced it, after holding that the extended period of limitation was not available to the Revenue, quashing the demand for duty and holding that the appellant had nothing to gain by evading the payment of duty. The imposition of penalty, under these circumstances, is illogical.
2. The civil appeal is allowed and the order under appeal is set aside.
3. No order as to costs.