2009 (10) TMI 710 - AT - Central Excise

Summary

Issues:
Appeal against Commissioner's order on duty liability determination and penalties for delayed payment.

Analysis:
The appellants, manufacturers of Re-rolled Products under the Compounded Levy Scheme, challenged the Commissioner's final determination of duty liability for two periods. For the period from September 1997 to March 1998, the Commissioner's final determination was higher than the provisional determination. The appellants paid the differential duty promptly upon receiving the final order, except for a small balance paid late, resulting in a penalty. For the subsequent period in 1998-99, the appellants paid the duty immediately upon receiving the order, but penalties were imposed for delayed payment. The Commissioner (Appeals) upheld the penalties.

The appellant argued that they were not expected to know the enhanced final determination by the Commissioner and that they promptly paid the duty upon receiving the orders. The JDR supported the penalties, emphasizing delayed payments made by the appellants. The Tribunal noted that under the Compounded Levy Scheme, duty payment is based on the Commissioner's determination. The appellants paid the differential duty promptly upon receiving the final order for the first period, except for a small balance paid late, justifying the penalty. For the second period, the appellants paid promptly upon receiving the order, and no delay was found. Consequently, the penalty for the second period was not justified.

The Tribunal allowed the appeal, except for sustaining the penalty of Rs. 7,505.00 for the first period due to the late payment of a small balance amount. The judgment clarified the obligations under the Compounded Levy Scheme and the consequences of delayed payments, ultimately providing relief to the appellants for the second period's penalty.