2006 (12) TMI 392 - AT - Central Excise

Summary

Issues:
1. Imposition of penalty when duty is paid before the issue of show cause notice.

Analysis:
The appellant was directed to pre-deposit a duty amount along with interest and equal penalty, even though the duty had already been paid before the show cause notice was issued. The original authority did not impose any penalty considering the appellant's behavior. However, the Commissioner (Appeals) imposed a penalty equal to the duty amount. The appellant's counsel cited precedents stating that no penalty is imposable if duty is paid before the show cause notice. On the other hand, the SDR referred to a recent decision by the Hon'ble High Court of Punjab and Haryana overturning the previous stance on penalty imposition. The Tribunal noted that under Section 35A(3) proviso, enhancing a penalty requires giving the appellant a chance to show cause, which was not done in this case. As there was no show cause notice for penalty issued by the Commissioner (Appeals) and considering the original authority's findings, the Tribunal found a strong case for non-imposition of penalty and ordered a waiver of pre-deposit of penalty until the appeal's disposal.

This judgment highlights the importance of following procedural requirements, such as providing a reasonable opportunity for the appellant to present their case before enhancing a penalty. It also underscores the significance of legal precedents in determining the imposition of penalties in cases where duty is paid before the issuance of a show cause notice. The decision showcases the Tribunal's adherence to statutory provisions and principles of natural justice in ensuring a fair and just outcome for the appellant.