2003 (11) TMI 478 - AT - Central Excise

Summary

Issues: Reduction of penalty and fine for redemption by the Commissioner (Appeals)

The judgment concerns an appeal against the decision of the Commissioner (Appeals) which reduced the penalty imposed on the assessee from Rs. 1,29,768 to Rs. 97,326, and the fine for redemption of goods from Rs. 1,30,000 to Rs. 65,000. The main issue raised in the appeal is that the Commissioner did not provide any reasons for reducing the fine and penalty. The appellant argued that the reduction should be in line with the gravity of the offense, and the Commissioner has the discretion to do so. However, the Commissioner failed to justify the reduction in the order. The goods involved were valued at around Rs. 6.50 lakhs, with duty of approximately Rs. 1.30 lakhs. The penalty and fine imposed by the Assistant Commissioner were already lower than the maximum allowed by law. The Commissioner's decision lacked any indication of the circumstances that led to the reduction, despite acknowledging the offense committed by the assessee.

In the judgment, the Tribunal found that the Commissioner did not properly exercise his discretion in reducing the penalty and fine for redemption. The Tribunal noted that since there was no justification provided for the reduction, and the gravity of the offense was significant, the Commissioner should not have lowered the penalties. Therefore, the Tribunal allowed the appeal, set aside the order of the Commissioner (Appeals), and reinstated the order of the Assistant Commissioner. This decision emphasizes the importance of justifying any reduction in penalties based on the gravity of the offense and ensuring that the discretion granted to authorities is exercised properly in such cases.