2005 (5) TMI 476 - AT - Central Excise

Summary

Issues:
1. Imposition of penalty under Section 11AC of the Central Excise Act for wilful suppression of dutiable goods.
2. Applicability of interest on duty under Section 11AB of the Act.

Analysis:
1. The main issue in this case was whether a penalty could be imposed on the appellants under Section 11AC of the Central Excise Act for wilful suppression of dutiable goods, even though duty on such clearances was paid before the issuance of a show cause notice. The Tribunal considered the argument put forth by the Revenue that the mere payment of duty after the goods were found to be clandestinely removed did not prevent the invocation of Section 11AC for penalizing the fraudulent act. However, referring to the Larger Bench decision in Commissioner of Central Excise v. Machino Montell, it was held that no penalty could be imposed under Section 11AC if duty was paid before the issuance of the show cause notice. The Tribunal found that the facts of the present case aligned with the Larger Bench decision, leading to the penalty imposed on the appellants being vacated.

2. Following the decision regarding the penalty under Section 11AC, the Tribunal proceeded to address the issue of interest on duty under Section 11AB of the Act. It was noted that both Sections 11AB and 11AC were enacted simultaneously and intended to be applied to similar sets of facts. Since Section 11AC was found to be inapplicable in this case, the Tribunal concluded that Section 11AB would also be inapplicable. Consequently, the demand for interest under Section 11AB was vacated along with the penalty. Therefore, the impugned order was set aside, and the appeal was allowed.

This judgment highlights the importance of timely payment of duty in excise matters to avoid penalties under Section 11AC and the interplay between Sections 11AB and 11AC in determining the applicability of interest on duty.