2009 (4) TMI 808 - AT - Central Excise

Summary

Issues:
Appeal against penalty imposed under Section 11AC of the Central Excise Act.

Analysis:
The appeal was filed by the Revenue against the order of the Commissioner (Appeals) where the penalty imposed on the respondent-company under Section 11AC of the Central Excise Act was set aside. The Central Excise Officers found a shortage of finished goods during a visit to the respondent's factory. The respondent admitted the shortage and clarified that the goods were cleared without duty payment by mistake. The respondent promptly deposited the duty amount. The Original Authority confirmed the duty demand and imposed a penalty equal to the duty under Section 11AC of the Act. The Commissioner (Appeals) set aside the penalty since the duty was paid before the show cause notice was issued. However, it was established that the goods were clandestinely removed without duty payment. Therefore, the imposition of penalty under Section 11AC was deemed appropriate. The 1st Proviso to Section 11AC(1) states that if duty is paid within 30 days of the Adjudication Order, the penalty is reduced to 25% of the duty. As the respondent paid the duty before the show cause notice, the penalty was reduced to Rs. 26,280. Consequently, the order of the Commissioner (Appeals) was set aside, and the Original Authority's decision was restored and modified accordingly. The appeal by the Revenue was disposed of in the mentioned terms.