2008 (11) TMI 477 - AT - Central Excise

Summary

Issues:
Reduction of penalty by Commissioner (Appeals) below 25% of duty amount paid by the respondents.

Analysis:
The judgment revolves around the issue of the reduction of penalty by the Commissioner (Appeals) below the prescribed 25% of the duty amount paid by the respondents. The Revenue contended that the first proviso to Section 11AC mandates that the penalty shall be 25% of the duty determined under Section 11A if paid within thirty days from the date of communication of the order. The respondents had paid duty along with 25% penalty prior to the show cause notice, and the Department argued that the penalty should not have been reduced by the Commissioner (Appeals).

The Appellate Tribunal, after considering the arguments presented by the Department's representative, found merit in the contention based on the statutory provision. The Tribunal held that the penalty reduction to Rs. 5,000 by the Commissioner (Appeals) was incorrect. The Tribunal emphasized that the payment of Rs. 25,897 as penalty along with the duty calculated on the shortage was in accordance with the legal provision. Consequently, the Tribunal set aside the reduction of penalty, overturned the impugned order, and allowed the appeal in favor of the Revenue.

In conclusion, the judgment clarifies the legal requirement under Section 11AC regarding the penalty amount to be levied in cases where duty is paid within the specified period. It underscores the importance of adhering to statutory provisions and upholding the prescribed penalty amounts as per the law. The decision serves as a reminder of the significance of strict compliance with legal provisions in matters concerning duty payments and penalties in excise-related cases.