2007 (5) TMI 423 - AT - Central Excise

Summary

Issues involved:
1. Duty liability and interest waiver.
2. Penalty imposition and reduction.

Analysis:

1. Duty liability and interest waiver:
The appellant's representative argued that the duty liability was not contested, and the appellant had voluntarily paid the demand before the adjudication order. It was highlighted that the Excise Authority visited the factory premises and made allegations, leading to the appellant depositing the duty liability. The show cause notice was issued after the duty deposit, and the order of adjudication followed. The representative contended that without a demand before the deposit, interest should not be levied. The Revenue countered this by stating that had the evasion not been detected, the appellant would have gone unnoticed. The Commissioner (Appeal) upheld the Revenue's position. Upon review, it was found that the detection and date of duty deposit were undisputed. Therefore, it was deemed inappropriate to levy interest prematurely without a formal demand. Interest should only follow default post-demand, which was not the case here.

2. Penalty imposition and reduction:
Regarding the penalty, it was acknowledged that the allegation against the appellant was valid and unchallenged. The appellant had proactively paid the duty much before the adjudication order. Despite the seriousness of the law breach, the cooperative behavior of the appellant and the absence of contumacious conduct led to a reduction in the penalty amount. The appellant's representative suggested that if a penalty was warranted, it should be limited to 25% of the duty liability as per Section 11AC of the Central Excise Act, 1944. Considering the overall circumstances and to deter future breaches, a token penalty of Rs. 10,000 was deemed sufficient. Consequently, the appellate order was modified to reduce the penalty amount, providing the appellant with partial relief.

In conclusion, the judgment addressed the duty liability, interest waiver, and penalty imposition issues comprehensively, ensuring a fair balance between upholding the law and considering the appellant's cooperation and proactive measures in resolving the matter.