Gujarat High Court High Court

Commissioner vs The on 10 February, 2010

Gujarat High Court
Commissioner vs The on 10 February, 2010
Author: K.A.Puj,&Nbsp;Honourable Mr.Justice H.Shukla,&Nbsp;
   Gujarat High Court Case Information System 

  
  
    

 
 
    	      
         
	    
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TAXAP/386/2010	 1/ 2	ORDER 
 
 

	

 

IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
 

 


 

TAX
APPEAL No. 386 of 2010
 

 
 
=========================================
 

COMMISSIONER
- CENTRAL EXCISE & CUSTOMS DAMAN - Appellant(s)
 

Versus
 

JAIPRAKASH
MOTWANI - Opponent(s)
 

=========================================
 
Appearance : 
MS
AMEE YAJNIK for
Appellant(s) : 1, 
None for Opponent(s) :
1, 
=========================================
 
	  
	 
	  
		 
			 

CORAM
			: 
			
		
		 
			 

HONOURABLE
			MR.JUSTICE K.A.PUJ
		
	
	 
		 
		 
			 

and
		
	
	 
		 
		 
			 

HONOURABLE
			MR.JUSTICE RAJESH H.SHUKLA
		
	

 

 
 


 

Date
: 10/02/2010 

 

 
 
ORAL
ORDER

(Per
: HONOURABLE MR.JUSTICE K.A.PUJ)

The
Commissioner of Central Excise & Customs, Daman, has filed this
Tax Appeal under sec. 35-G of the Central Excise Act, 1944
challenging the order passed by the CESTAT deleting the penalty of
Rs. 25,000/- levied on the respondent under sec. 112(b) of the
Customs Act, 1962. The Commissioner (Appeals), Central Excise &
Customs, has upheld the order passed by the adjudicating authority.
However, in second appeal before CESTAT, the penalty was deleted on
the ground that the respondent being partner of the firm, no penalty
is leviable under sec. 112(b) of the Customs Act.

Looking
to the smallness of the amount involved, we do not entertain this Tax
Appeal. The appeal is accordingly dismissed.

(K.A.

Puj, J.)

(Rajesh
H. Shukla, J.)

(hn)

   

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