2002 (3) TMI 693 - AT - Central Excise

Summary

Issues:
1. Correctness of debiting additional duty of excise from specific excise duty accounts.
2. Validity of penalty imposed on the assessee.
3. Interpretation of Rule 57A and Rule 57Q regarding payment of additional duty of excise.

Analysis:
Issue 1: The appeals arose from an Order-in-Appeal challenging the correctness of debiting additional duty of excise from specific excise duty accounts. The Commissioner (Appeals) partially allowed the appeal, holding that debiting from one account was correct while from another was incorrect. The Tribunal examined the Rules and Notifications to determine the correct procedure. It was found that debiting AED from a basic excise duty account was not permissible, as these were distinct duties under separate enactments. The Tribunal upheld the Commissioner's decision on this issue.

Issue 2: The penalty imposed on the assessee was also contested. The Tribunal reduced the penalty from Rs. 25,000 to Rs. 10,000 considering the circumstances. The Tribunal found the reduced penalty amount justified based on the incorrect procedure adopted by the assessee in debiting AED from the wrong account.

Issue 3: The interpretation of Rule 57A and Rule 57Q regarding the payment of additional duty of excise was crucial. The Tribunal clarified that AED should only be paid from an account current in PLA/Modvat, not from basic excise duty accounts. The Tribunal found that the Commissioner's decision to allow debiting from one account but disallowing from another was incorrect. The Tribunal set aside the decision regarding debiting from the second account, emphasizing the correct procedure under Rule 57Q and the relevant notification.

In conclusion, one appeal was dismissed with a modification in the penalty amount, while the other appeal by the Revenue was allowed. The Tribunal upheld the decision regarding the correct procedure for debiting additional duty of excise and clarified the permissible accounts for such payments.