2007 (9) TMI 518 - AT - Central Excise

Summary

Issues:
1. Denial of credit, confiscation of goods, and imposition of penalties based on discrepancies found during a visit to the factory.
2. Reduction of penalties by the Tribunal in a previous order.
3. Initiation of proceedings through a subsequent show cause notice for confirmation of demand and imposition of penalties.
4. Dispute regarding the imposition of penalties for the same offence in subsequent proceedings.

Analysis:
1. The appellant, engaged in manufacturing Polyester Textured Yarn, faced issues when discrepancies were found during a factory visit, including goods loaded in trucks without proper entries in records and a shortage of imported POY compared to claimed Modvat credit. This led to the initiation of proceedings proposing denial of credit, confiscation of goods, and penalties.

2. The matter escalated to the Tribunal, which reduced penalties imposed by the Commissioner in a previous order. Personal penalties on the unit, Director, and Manager were decreased to specific amounts based on the Tribunal's decision dated 1-9-2004.

3. Subsequently, another show cause notice was issued, proposing confirmation of demand and penalties. The Original Authority and Commissioner (Appeals) confirmed these demands, leading to the present appeal challenging the imposition of penalties for the same offence previously adjudicated upon.

4. The Tribunal noted that the first show cause notice had already been finalized at its level, and penalties had been imposed. Therefore, initiating subsequent proceedings for the same offence was deemed unnecessary. The appellant's compliance with Central Excise requirements and clarification regarding Modvat credit discrepancies were considered, leading to the conclusion that imposing additional penalties was unjustified. Consequently, the impugned order was set aside, and all appeals were allowed with relief to the appellants.