2007 (3) TMI 551 - AT - Central Excise

Summary

Issues involved: Duty payment oversight, penalty imposition, interest liability, genuine mistake.

Duty Payment Oversight: The appellants had paid duty on printed polyester pouches for a period but inadvertently missed paying duty during the impugned period. Upon realizing the mistake during a visit by Excise Officials, they promptly paid the outstanding amount, with the total duty demand being Rs. 10,05,007/- and an amount of Rs. 15,69,200/- being paid. The Company did not contest the duty liability and acknowledged the oversight.

Penalty Imposition: The Authorized Representative for the appellants requested leniency in penalty imposition due to the genuine mistake made out of oversight. The Tribunal, after considering submissions from both sides, noted the prompt payment of duties and the neutralization of any benefit accrued by delayed payment through interest liability. Recognizing the bona fide nature of the mistake, the Tribunal set aside the penalty imposed on the appellants in the impugned order.

Interest Liability: The appellants did not challenge the interest liability on the duty paid after a delay. The Tribunal acknowledged that the interest on the delayed payment had neutralized any benefit accrued and factored this into their decision to set aside the penalty.

Genuine Mistake: The Tribunal, after thorough consideration of the case, concluded that the oversight in duty payment was a genuine mistake. They highlighted the prompt payment of duties upon realization of the error and the absence of any challenge to duty or interest liability. Due to the bona fide nature of the mistake and the timely rectification by the appellants, the Tribunal deemed it fit to grant leniency and set aside the penalty imposed.