2009 (4) TMI 570 - AT - Central Excise

Summary

Issues:
Appeal against setting aside penalties imposed by the Commissioner (Appeals) on the respondents.

Analysis:
The case involved the appeal by the Revenue against the order of the Commissioner (Appeals) setting aside penalties imposed on the respondents. The respondents were engaged in the manufacture of Pan Masala/Gutka. Central Excise Officers found a shortage of finished goods involving central excise duty during a stock verification. The Authorised Signatory of the respondents admitted the shortage but failed to provide reasons for it. The Original Authority confirmed the duty demand, appropriated the deposited amount, and imposed penalties under Section 11AC of the Central Excise Act, 1944, and Rule 25 of the Central Excise Rules, 2002 on the Respondent Firm. Additionally, a penalty was imposed on the Authorised Signatory. The Commissioner (Appeals) set aside these penalties.

Upon hearing both sides and reviewing the records, the main contention was that the respondents did not explain the shortage, leading to the presumption of clandestine removal. Citing a relevant case, it was highlighted that imposing penalties under Section 11AC requires fulfilling various elements, including mens rea. Since the respondents failed to provide reasons for the shortage, the penalty was set aside by the Commissioner (Appeals) and upheld by the Tribunal. The High Court also rejected the Revenue's appeals. In the present case, as the reasons for the shortage were not explained, and no evidence of clandestine removal was found, the penalty under Section 11AC could not be justified. Consequently, the order of the Commissioner (Appeals) was upheld, and both appeals by the Revenue were rejected.

The judgment was delivered on 13-10-2008 by Shri P.K. Das, J. The detailed analysis considered the failure of the respondents to explain the shortage adequately, the legal requirements for imposing penalties under Section 11AC, and the absence of evidence supporting clandestine removal. The decision emphasized the importance of fulfilling legal elements for penalty imposition and upheld the Commissioner (Appeals)'s order setting aside the penalties imposed on the respondents.