2009 (5) TMI 749 - AT - Central Excise

Summary

Issues involved: Duty demand on goods removed using invoices of fictitious firm, cum-duty benefit, penalty imposition on partnership firm and individual, confiscation of goods, redemption fine.

Duty Demand and Cum-Duty Benefit:
The case involved the removal of goods using invoices of a fictitious firm, leading to a duty demand. The appellant argued that the duty demand was based on the sale value instead of the cum-duty price. The Tribunal remitted the matter to the original authority to reevaluate the duty amount based on specific slabs from relevant notifications, with a corresponding revision of the penalty if the duty demand is reduced. The Tribunal held that cum-duty benefit was not applicable due to the goods being cleared without payment of duty and without issuing proper invoices.

Penalty Imposition:
The penalty imposed under Section 11AC on the partnership firm was deemed justified by the Tribunal. However, regarding the separate penalty imposed on an individual associated with the firm, it was noted that the activities of both the partnership firm and the fictitious firm were solely managed by the individual. Considering this, the Tribunal set aside the separate penalty on the individual, stating that the penalty on the partnership firm was sufficient.

Confiscation of Goods and Redemption Fine:
The goods, manufactured without proper registration with Excise authorities and not accounted for in statutory records, were confiscated and a redemption fine was imposed. The Tribunal upheld the confiscation and the redemption fine, stating that they were justified and not excessive.

Conclusion:
The appeal of the individual was allowed, and the appeal of the partnership firm was disposed of based on the revised duty demand and penalty considerations as per the Tribunal's directions.