2005 (4) TMI 390 - AT - Central Excise

Summary

Issues:
1. Confirmation of demand of duty against M/s. A.P.S. Cottons
2. Appropriation of deposited amount towards redemption fine
3. Imposition of penalties on M/s. A.P.S. Cottons and its proprietor
4. Penalties imposed on M/s. N.A. Pappuraja Sons Ginning Factory and its Manager
5. Connection between M/s. N.A. Pappuraja Sons Ginning Factory and storage of cotton yarn
6. Quantum of penalty imposed on Shri V.P. Balamurugan

Analysis:

1. The appeals were against orders confirming a demand of duty against M/s. A.P.S. Cottons, upheld by the lower appellate authority. The original authority had also imposed penalties under Central Excise Rules, 2002. The penalties were challenged, and the issue was whether separate penalties on the company and its proprietor were justified.

2. M/s. A.P.S. Cottons had deposited an amount for redemption fine, which was challenged as being on the higher side. The value of the seized cotton yarn was disputed, but the redemption fine was upheld as reasonable. The appropriateness of the redemption fine was a key issue in this part of the judgment.

3. The imposition of penalties on M/s. A.P.S. Cottons and its proprietor was examined. It was held that separate penalties for the same offense were not sustainable. While the penalty on the proprietor was upheld, the penalty on the company was vacated. The quantum of penalties was also considered in relation to the offense.

4. Penalties imposed on M/s. N.A. Pappuraja Sons Ginning Factory and its Manager were challenged. The lack of evidence connecting the factory to the storage of cotton yarn was crucial. It was found that the factory owner was not liable for the penalty, and the penalty was set aside.

5. The judgment analyzed the involvement of Shri V.P. Balamurugan, the Manager of M/s. N.A. Pappuraja Sons Ginning Factory, in storing the non-duty-paid cotton yarn. The penalty imposed on him was reviewed, considering his role and the gravity of the offense. The penalty was reduced based on the circumstances, and the order was sustained with modifications.

6. The quantum of penalty imposed on Shri V.P. Balamurugan was a central issue, with the judgment ultimately reducing the penalty amount. The reasoning behind the penalty reduction was based on the comparative gravity of offenses committed by different parties involved in the case.