2008 (5) TMI 521 - AT - Central Excise

Summary

Issues:
1. Appeal against penalty under Section 11AC and interest on duty under Section 11AB of the Central Excise Act.

Analysis:
1. The appeal before the Appellate Tribunal CESTAT, CHENNAI concerned the imposition of penalty under Section 11AC and interest on duty under Section 11AB of the Central Excise Act. The duty amount paid in September 2002 was related to clearances made in December 1999. The department issued a show-cause notice in September 2004, proposing to appropriate the payment towards duty, levy interest under Section 11AB, and impose penalty under Section 11AC. The original authority imposed a penalty equal to duty and directed the payment of interest from the date of goods removal to the date of duty payment. The Commissioner (Appeals) set aside this decision, leading to the Revenue's appeal.

2. The grounds of the appeal were reiterated by the learned SDR. However, it was argued that the extended period of limitation was not applicable as all relevant facts were within the department's knowledge. The show-cause notice was issued more than two years after duty payment, making Sections 11AB and 11AC inapplicable. The counsel cited relevant case law to support this argument.

3. The Tribunal carefully considered the submissions and agreed with the lower appellate authority. It was emphasized that before invoking Sections 11AB and 11AC, the department must establish that material facts were suppressed with intent to evade duty payment. Since the department accepted the duty payment in 2002, it was evident they had knowledge of the facts by then. Issuing the show-cause notice after two years indicated a lack of justification. The Tribunal found the respondents' case well-founded, supported by the cited case law, and upheld the lower authority's decision.

4. Consequently, the impugned order was upheld, and the appeal was dismissed by the Tribunal. The judgment was dictated and pronounced in open court by the presiding judge, Shri P.G. Chacko.