- (1.) Heard Ms Pragya Pandey, learned counsel for the appellant and Mr Gaurav Mahajan, learned counsel for the department.
(2.) Present Central Excise Appeal has been filed by M/s Kartikeya Enterprises under the provision of Section 35-G of Central Excise Act, 1944 against the order dated 14.3.2018 passed by the Customs, Excise and Service Tax Appellate Tribunal, Allahabad.
(3.) The present appeal was admitted on questions no. (a) to (d) enumerated in the memo of appeal. However, the appellant seeks to press the question no. (d). In so far as the question no. (d) is concerned, Rule 26 of the CE Rules, 2002, provides as under:- "Any person who acquires possession of, or is in any way concerned in transporting removing, depositing, keeping, concealing, selling or purchasing, or in any other manner deals with, any excisable goods which he knows or has reason to believe are liable to confiscation under the Act or these rules, shall be liable to a penalty not exceeding the duty on such goods or rupees ten thousand, whichever is greater.";