2009 (1) TMI 683 - AT - Central Excise

Summary

Issues involved: Appeal against order confirming demand of duty, interest, and penalty on firm, with question of imposing penalty on partner and authorized signatory.

The Appellate Tribunal CESTAT, Ahmedabad, in the case, dealt with an appeal filed by the Revenue against the order of Commissioner (Appeals) confirming the demand of duty, interest, and penalty on the firm. The Commissioner (Appeals) had held that penalty on the partner cannot be imposed as the firm has no identity other than that of the partner, and set aside the penalty on the authorized signatory on the grounds of being an employee.

In the judgment, it was argued by the learned SDR on behalf of the Revenue that the partner is also liable to penalty, citing the Larger Bench decision of the Tribunal in the case of M/s. Gopal Industries Ltd. v. CCE, Indore, and the decision of the Hon'ble Supreme Court in the case of M/s. Prakash Metal Works v. CCE, Ahmedabad, where penalties on partners were upheld.

The Tribunal recognized the principle that the partner and the firm are two separate entities, contrary to the view of the Commissioner (Appeals) that the firm has no existence without the partner. The Tribunal found the imposition of penalty on the partner justified, considering his direct involvement in the firm's affairs and the offense of illicit removal of man-made fabrics. However, the Tribunal deemed the original penalty of Rs. 1 lakh on the partner harsh, reducing it to Rs. 25,000. Regarding the authorized signatory, it was agreed that as an employee, there was no need to impose a penalty.

Ultimately, the appeal filed by the Revenue was allowed only to the extent of reducing the penalty on the partner to Rs. 25,000, and no penalty was imposed on the authorized signatory.