2009 (3) TMI 830 - AT - Central Excise

Imposition of Penalty u/r 209A - Held that - There is no finding in the present case that the Managing Director of the Company had dealt with any excisable goods in any manner specified or contemplated under Rule 209A and, therefore, the penalty imposed on him is liable to be set aside - appeal allowed.

Summary

Issues:
1. Confirmation of demand of duty and imposition of penalty under Central Excise Act and Rules.
2. Challenge to the penalty imposed on the first appellant.
3. Challenge to the penalty imposed on the Managing Director of the Company under Rule 209A.

Issue 1:
The Commissioner confirmed a demand of duty and imposed penalties under the Central Excise Act and Rules against the appellants, which were challenged in the present appeals. The demand of duty was for a specific period, and penalties were imposed on both the first appellant and the Managing Director of the Company. An earlier deposit made by the appellants was adjusted towards the dues. The appeals were directed against the Commissioner's order.

Issue 2:
The first appellant contested the quantification of duty demand but chose to challenge only the penalty imposed on them. The Tribunal's remand order did not authorize the Commissioner to impose penalties, as it was for re-quantification of duty only. The Commissioner's order did not support the penalty imposition under Rule 173Q, as there was no mis-declaration or suppression of facts by the assessee. The lack of specific findings supporting the penalties rendered them unsustainable. Citing relevant case law, the penalty imposed under Rule 173Q on the first appellant was set aside, granting consequential relief.

Issue 3:
The penalty imposed on the Managing Director under Rule 209A was challenged, as the reason provided by the Commissioner was deemed insufficient. The Tribunal analyzed the requirements for a penalty under Rule 209A, emphasizing the necessity of physical involvement with excisable goods and the need for mens rea. It was noted that there was no finding that the Managing Director had dealt with excisable goods as specified under Rule 209A. Consequently, the penalty imposed on the Managing Director was set aside, and the appeal was allowed.

This judgment addressed the confirmation of duty demand and penalties under the Central Excise Act and Rules, focusing on challenges to the penalties imposed on the appellants. The Tribunal found that the penalties were not adequately supported by the Commissioner's order, especially in the absence of mis-declaration or suppression of facts. Specific findings and legal requirements were crucial for upholding penalties, leading to the setting aside of the penalties imposed under Rule 173Q on the first appellant and Rule 209A on the Managing Director. The decision underscored the importance of clear reasoning and legal basis for imposing penalties in excise matters, ensuring fairness and compliance with legal standards.