2007 (3) TMI 479 - AT - Central Excise

Summary

Issues:
Penalty imposed under Rule 25 of Central Excise Rules, 2002 for non-filing of "Annual Financial Information Statement."

Analysis:
The appeal was against the Order-in-Appeal that set aside the penalty imposed on the respondent for non-filing of the Annual Financial Information Statement under Rule 25 of the Central Excise Rules, 2002. The issue revolved around the imposition of the penalty under Rule 25 for the non-filing of the required statement. The show cause notice was issued to the respondent for this violation, and the learned Commissioner (Appeals) concluded that the appellant was not required to file the ER4 for the financial year 2003-04 as per the relevant notification. The notification only mandated filing by 30th November of the succeeding financial year, providing ample time for compliance. The Commissioner's decision was deemed appropriate given the circumstances of the case.

Further examination revealed that the show cause notice was issued under Rule 25 of the Central Excise Rules, 2002, which pertains to confiscation and penalty for specific contraventions. However, the imposition of penalty under Rule 25 did not align with the violation of non-filing of the Annual Financial Information Statement. The rule specifies penalties for contraventions related to removal of goods, accounting discrepancies, unregistered operations, or intent to evade duty. Therefore, the penalty under Rule 25 was not applicable in the case of non-filing of the financial statement.

Consequently, considering the Commissioner's findings and the legal provisions, the appeal filed by the Revenue was found to lack merit. The impugned Order-in-Appeal was upheld, and the Revenue's appeal was dismissed. The judgment clarified the inapplicability of Rule 25 for penalizing non-filing of the Annual Financial Information Statement, emphasizing the importance of aligning penalties with the specific contraventions outlined in the rules.