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2004 (12) TMI 555 - AT - Central Excise
Issues: Revenue disputing non-imposition of penalty for delayed duty payment by respondents.
In this case, the primary issue revolves around the non-imposition of penalty by the Commissioner (Appeals) on the respondents for delayed payment of duty. The respondents had collected charity amounts during a specific period but failed to deposit it with the competent authority for utilization. The adjudicating authority issued 10 show cause notices, leading to the Commissioner (Appeals) confirming the demand. However, the Tribunal overturned this decision on appeal by the respondents. Subsequently, the Apex Court reversed the Tribunal's order and upheld the demand against the respondents, who then deposited the duty amount. The Assistant Commissioner later confirmed the demand on the show cause notices and utilized the earlier deposited amount by the respondents. Upon considering the facts and circumstances, the Tribunal found no justification for the Revenue's grievance regarding the non-imposition of penalty on the respondents. The Tribunal highlighted that the respondents became liable to pay the duty amount only after the Apex Court's order, which they promptly paid even before the adjudication process. Consequently, the Tribunal upheld the impugned order that dropped the penalty and interest demand against the respondents, deeming it valid and requiring no interference. As a result, the Tribunal dismissed the Revenue's appeal, affirming the decision in favor of the respondents. In conclusion, the Tribunal's judgment in this case centered around the imposition of penalty for delayed duty payment by the respondents, highlighting the sequence of events leading to the Apex Court's decision and the subsequent confirmation of the demand by the Assistant Commissioner. The Tribunal's analysis focused on the timing of the respondents' duty payment in relation to the legal proceedings, ultimately upholding the decision to drop the penalty and interest demand against the respondents.
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