2003 (10) TMI 511 - AT - Central Excise

Summary

Issues:
Penalty under Rule 173Q of the Central Excise Rules, 1944 and Section 11AC of the Central Excise Act, 1944 for shortages of inputs found in the factory during a visit by Central Excise officers.

Analysis:
The appellants, manufacturers of Exhaust Fans, used Aluminium Ingots, C.R. Strips, and Copper Wire as inputs. Central Excise officers found shortages of these inputs during a visit to their factory on 18-12-1998. The appellants admitted to clearing the short quantity without paying duty, debiting amounts towards duty payment in their register. A show cause notice was issued on 9-8-1999 proposing penalties under Rule 173Q and Section 11AC. The adjudicating authority imposed a penalty of Rs. 2,19,036/- on the party, which was contested but upheld by the Commissioner (Appeals).

The main contention in the appeal was that the entire duty amount was paid before the show cause notice was issued, making any penalty unjustifiable. The appellant argued that the duty payments were voluntary and made without intent to evade duty payment, citing relevant case laws to support their position. The Department, however, argued that since the duty payment was made only after the shortages were detected, it could not be considered voluntary, thus justifying the penalty.

The Tribunal noted that the duty payment was made entirely before the show cause notice, which itself acknowledged the voluntary nature of the payment. Citing precedents where duty payments made voluntarily before show cause notices were issued resulted in no penalty under Section 11AC and Rule 173Q, the Tribunal found in favor of the appellants. The Tribunal emphasized the voluntary character of duty payment before the issuance of the show cause notice as the common factor in the cited cases, leading to the setting aside of the penalty imposed on the appellants. Consequently, the appeal was allowed, overturning the penalty decision.