2003 (9) TMI 660 - AT - Central Excise

Summary

Issues: Revenue contesting dropping of penalty on partner in impugned Order-in-Appeal.

The judgment pertains to an appeal against the Order-in-Appeal where the Revenue contested the dropping of the penalty on a partner of the respondent firm. The case involved a duty payment of Rs. 1,11,138/- deposited by the respondents due to a shortage of inputs in their factory. The adjudicating authority confirmed the duty, ordered the adjustment of the duty already deposited, and imposed a penalty on the firm and its partner. The Commissioner (Appeals) modified the Order-in-Original by dropping the penalty on the partner, citing the firm's deposit of duty and penalty. The Revenue was satisfied with the duty confirmation and penalty on the firm but contested the dropping of the penalty on the partner, who was not a respondent in the appeal. The judgment highlighted that since the partner was not a party in the appeal, the Revenue's challenge on dropping the penalty was not maintainable, leading to the dismissal of the Revenue's appeal. The Commissioner's discretion in dropping the penalty due to the firm's prior duty and penalty deposit was deemed legal and not arbitrary. Consequently, the impugned order was upheld, and the Revenue's appeal was dismissed.