COMMISSIONER OF CENTRAL EXCISE Vs. SANKALA INDUSTRIES

JUDGEMENT

(1.) THE revenue has preferred this appeal challenging the order passed by the Appellate Authorities which has set aside the penalty imposed on the assessee on the ground that he had paid duty with interest and there is no fraud, suppression as the excisable goods was transferred by way of stock transfer. It is now well settled that penalty is not automatic. Penalty is leviable only on the conditions which are set out in the section being fulfilled. If two authorities on appreciation of entire material on record concurrently held that those conditions are not fulfilled and that being a pure question of fact, we do not see any error to interfere with the order. Hence no substantial question of law arises for consideration. The appeal is dismissed.