2004 (10) TMI 422 - AT - Central Excise

Summary

Issues:
1. Reduction of penalty by the Commissioner (Appeals) under Rule 96ZQ(3).
2. Interpretation of penalty provisions in light of conflicting decisions of High Courts.

Analysis:
Issue 1: The main issue in this case revolved around the reduction of penalty by the Commissioner (Appeals) under Rule 96ZQ(3). The Revenue contended that the respondents failed to pay 50% of the duty payable for the calendar month by the due date, resulting in a duty liability of Rs. 4,00,000/- for a specific period. The Revenue argued that the penalty should be equal to the amount of duty not paid on the due date. However, the Commissioner (Appeals) reduced the penalty to Rs. 20,000/-, leading to a dispute between the parties.

Issue 2: The interpretation of penalty provisions became crucial due to conflicting decisions of different High Courts. The Revenue, represented by Shri V. Valte, cited the decision of the Allahabad High Court in Pee Aar Steels (P) Ltd. v. CCE, Meerut, emphasizing that the penalty amount cannot be reduced by the Commissioner (Appeals). On the other hand, Shri Jagmohan Bansal, representing the respondents, relied on the decision of the Madras High Court in Beauty Dyers v. Union of India and the Supreme Court's ruling in State of Madhya Pradesh v. Bharat Heavy Electricals. He argued that the penalty mentioned in the rule should be considered as the maximum amount, and the assessing authority has the discretion to levy a lesser penalty based on the facts and circumstances of the case. The judgment favored the respondents, dismissing the Revenue's appeal and upholding the Commissioner (Appeals)'s decision to reduce the penalty based on the Supreme Court's precedent.

In conclusion, the judgment clarified the application of penalty provisions under Rule 96ZQ(3) and resolved the dispute by following the Supreme Court's decision in State of Madhya Pradesh v. Bharat Heavy Electricals. The conflicting decisions of various High Courts were reconciled, emphasizing the assessing authority's discretion in determining the penalty amount based on the specific circumstances of each case.