Penalty Set Aside: Broker Not Liable Without Possession of Goods under Excise Rule 26(2)

Pankaj Goyal Vs Commissioner of Central Excise & Service Tax (CESTAT Chandigarh) The appeal was filed against Order-in-Original dated 12.04.2019 passed by the Principal Commissioner, whereby a penalty of ₹50,000 was imposed on the appellant under Rule 26(2) of the Central Excise Rules, 2002. The penalty was imposed on the allegation that the appellant had aided traders in issuing excisable invoices without actual supply of goods. The case originated from an investigation into scrap dealers, namely M/s Sai Steel Traders, M/s Sai Multimetals, and M/s Yashoda Traders. The investigation alle...