2007 (6) TMI 370 - AT - Central Excise

Summary

Issues:
1. Reduction of demanded amount by the lower Appellate Authority.
2. Multiple show cause notices issued for the same period.
3. Imposition of penalty and duty liability based on show cause notices.
4. Administrative action against the jurisdictional Superintendent for issuing erroneous notices.

Analysis:
1. The lower Appellate Authority reduced the demanded amount from Rs. 3,23,008.00 to Rs. 2,04,478.05 for the period from September 1997 to July 1998. It was also noted that the appellants were not liable to pay duty for the period from August 1998 to November 1999 due to the factory being closed during that time.

2. The appellants pointed out that two show cause notices were issued for the same period, with one demanding a higher amount of duty. The first notice was adjudicated upon, but the second notice demanding a lower amount was not. The Tribunal acknowledged the mistake in issuing two notices for the same period and amount, leading to confusion.

3. The Tribunal considered the arguments presented by both sides regarding the imposition of penalty and duty liability. It was noted that the appellants had not paid the differential duty due to pending proceedings and the final determination of the Annual Capacity of Production. The Tribunal reduced the penalty imposed from Rs. 2,04,478.05 to Rs. 20,000.00, considering the circumstances of the case.

4. The Tribunal observed that the jurisdictional Superintendent had been careless in issuing the show cause notices, leading to administrative errors. While acknowledging the need for suitable administrative action against the officer, the Tribunal emphasized that the appellants could not rely on the second unadjudicated notice to contest their duty liability, as the first notice had been resolved.

In conclusion, the Tribunal partially allowed the appeal by reducing the penalty amount and emphasizing the need for the appellants to pay the outstanding duty with applicable interest as per the law.