PASHUPATI PRINTS P. LTD. Vs. CCE

JUDGEMENT

(1.) THE matter stands heard by us in terms of the directions of the Hon'ble High Court's decision remanding the matter for fresh decision on the quantum of penalty in terms of the law declared by the Hon'ble Supreme Court in the case of Union of India v. Dharmendra Textile Processors reported in, 2008 (89) RLT 103(SC -LB).

(2.) AS per the Hon'ble Supreme Court's judgment in the above referred matter, penalty to the extent of 100% is required to be imposed in terms of Section 11AC of the Central Excise Act. As such by following the above judgment, we enhance the penalty amount of Rs. 11,15,901/ - (Rupees eleven lakhs fifteen thousand nine hundred and one only) in case of M/s. Pashupati Pvt. Ltd.

(3.) AS regards imposition of penalty on the director, we find that there is no declaration of law by the Hon'ble Supreme Court in the case of Union of India v. Dharmendra Textile Processors reported in, 2008 (89) RLT 103 (SC -LB) in as much as the same relates to imposition of penalties under Section 11AC. The penalty on Shri A.N. Bansal, Director was imposed under Provision of Rule 173 and/or 209A of the Central Excise Rules. In as much as penalty on the main assessee has been upheld, we find no reasons to impose separate penalty on the director of the appellant company.