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2007 (4) TMI 582 - AT - Central Excise
Issues: Rectification of mistake in the final order regarding duty demand amount and penalty recovery, Liability of penalty on legal heir post the death of the proprietor.
Rectification of Mistake in Final Order: The judgment deals with an application for the rectification of a mistake in the Final Order regarding the duty demand amount. The applicant argued that the actual duty demand was Rs. 3,15,000/- and not Rs. 3,47,980/- as mentioned in the order. However, since the applicant did not provide any grounds or data supporting the quantification of the duty amount, the Tribunal rejected the plea for rectification. The Tribunal held that once the merits of the appeal had been discussed and rejected, the duty amount and penalty confirmed by the original order would stand, and the applicant could not re-agitate the issue at that stage. Liability of Penalty on Legal Heir: The second issue addressed in the judgment pertains to the liability of penalty on the legal heir after the death of the proprietor. The proprietor of the company in question had passed away after the Tribunal's order, and the applicant, who was the legal heir, argued that the penalty should not be recoverable from him. The applicant contended that the penalty amount was not recoverable from the legal representative of a deceased accused, citing a decision of the Hon'ble Calcutta High Court. The Tribunal, after verifying the death certificate and confirming the applicant's status as the legal heir, concluded that the penalty could not be recovered from the legal heir. Moreover, since the duty amount had already been deposited with the department, the penalty recovery from the applicant was deemed unjustified. Consequently, the Tribunal allowed the application for rectification of mistake in this regard. In conclusion, the judgment clarifies the stance on rectification of mistakes in final orders and the liability of penalties on legal heirs post the death of the proprietor, providing a nuanced legal interpretation and decision in each aspect of the case.
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