2008 (3) TMI 563 - AT - Central Excise

Summary

Issues:
1. Restoration of appeal
2. Payment of duty and penalty
3. Reduction in penalty amount
4. Interpretation of Section 11AB and Section 11AC

Restoration of Appeal:
The Appellate Tribunal, after considering the reasons for restoration, recalled its earlier order and restored the appeal to its original number. With the consent of both parties, the appeal was taken up for hearing and disposal on the same day.

Payment of Duty and Penalty:
The impugned order-in-original was passed on a specific date and received by the appellants on another date. The duty was paid in full on a particular date, but part of the penalty, approximately 25%, was paid at a later time. The interest on the duty was paid later, although the exact date of payment was not available.

Reduction in Penalty Amount:
The Lower Appellate Authority did not allow the reduction in penalty amount as per the first proviso to Section 11AC, leading to the appeal against this decision. The appellants believed that no interest was payable since the duty was paid within 30 days, based on their interpretation of the proviso to Section 11AB.

Interpretation of Section 11AB and Section 11AC:
The Tribunal analyzed the application of the proviso to Section 11AB, which is applicable when duty becomes payable following an order from the Board. The appellants were required to pay both interest and duty within 30 days, as per Section 37B and the first proviso to Section 11AC. The appellants failed to meet these requirements, leading to the conclusion that the benefit of reduced penalty under the first proviso to Section 11AC was not available to them. Consequently, the appeal was rejected by the Tribunal.

This detailed analysis of the judgment covers the issues related to the restoration of the appeal, payment of duty and penalty, the reduction in penalty amount, and the interpretation of Section 11AB and Section 11AC as addressed by the Appellate Tribunal.