CCE Vs. G.E. POWER CONTROLS (P) LTD.

JUDGEMENT

(1.) This appeal by Revenue is directed against Order -in -Appeal No.12/2001 (M -III) dated 22.1.2001 by which the learned Commissioner (Appeals) has vacated the penalty imposed under Rule 173Q by taking a lenient view in the matter. The learned commissioner has sustained the penalty of Rs. 90,129/ - imposed equivalent to duty amount on the appellant under Rule 57U (6) of Central Excise Rules but set aside penalty of Rs. 20,000/ - imposed under Rule 173Q of the rules ibid.

(2.) Aggrieved by this order, the Revenue has come in appeal on the ground that inasmuch as the Commissioner has sustained the penalty under Rule 57U(6), he should have also not vacated penalty under rule 173Q of the rules ibid.

(3.) None appeared on behalf of the respondent -assessee in spite of repeated notices issued to them. I, therefore, proceed to decide the case on merits based on the available records.