2004 (9) TMI 489 - AT - Central Excise

Summary

Issues:
1. Penalty imposed under Rule 173GG for non-entitlement to special procedure.
2. Consideration of stay application versus disposal of appeal on merits.
3. Justification of penalty in absence of duty evasion.

Analysis:

1. The dispute in this case revolves around a penalty of Rs. 10,000 imposed on the appellant for not being entitled to the procedure for payment of duty under Rule 173GG, which allowed Small Scale Units to discharge duty liability on a monthly basis post-clearance of goods. The appellant had applied for this procedure in July 1999, but had not received any communication stating their ineligibility. The appellant argues that since the duty was fully discharged, the penalty is unwarranted as there was no violation of the procedure.

2. The learned DR argued that the case was listed for a stay application, suggesting that the appeal on merits should not be entertained. However, the presiding judge noted that the appeal needed to be decided after dispensing with the pre-deposit requirement. The judge further observed that the impugned order found the appellant not entitled to the special procedure, justifying the penalty. Despite this, the judge proceeded to consider the appeal on its merits.

3. Upon reviewing the records and submissions from both parties, the judge found that the duty amount was fully paid by the appellant in compliance with the procedure they were availing. Notably, there was no timely communication from the authorities indicating the ineligibility of the appellant for the said procedure. The judge emphasized the principle that in the absence of duty evasion, a penalty cannot be imposed. Consequently, the judge allowed the appeal, setting aside the impugned order and providing relief to the appellant, if applicable.

This judgment highlights the importance of procedural compliance, timely communication from authorities, and the principle that penalties should not be imposed in the absence of duty evasion. It also underscores the significance of considering appeals on their merits, even when listed for stay applications, to ensure a just and fair resolution of disputes in tax matters.