LAWS(P&H)-2010-3-212

COMMISSIONER OF CENTRAL EXCISE Vs. AAR KAY INDUSTRIES

Decided On March 16, 2010
COMMISSIONER OF CENTRAL EXCISE Appellant
V/S
Aar Kay Industries Respondents

JUDGEMENT

(1.) The Revenue has filed this appeal impugning the order dated 13-1-2004 (Annexure A/3) passed by the Customs, Excise and Service Tax Appellate Tribunal, New Delhi. The following questions of law have been raised in the present appeal:--

(2.) Thus, the Tribunal fell in error in reducing the penalty upon the assessee and hence, to this extent, the appeal of the Revenue is allowed and the assessee is held liable to pay same amount of penalty equivalent to the duty involved on the goods i.e. Rs. 16,383/-.

(3.) In view of the above, the assessee was liable to pay equal amount of penalty on the goods seized from the truck, which were intercepted in view of the observation made by this Court in M/s. Mico Glass Industrie's case . The appeal stands disposed of in the aforementioned terms.