2009 (12) TMI 763 - AT - Central Excise

Summary

Issues:
1. Appeal against dismissal of review appeal for enhancement of penalty under Section 11AC.
2. Interpretation of Section 11AC of the Central Excise Act in relation to loss due to negligence in safe storage of excisable goods.

Analysis:
1. The appeal was filed by the Revenue challenging the dismissal of the review appeal for the enhancement of penalty under Section 11AC of the Central Excise Act. The case involved a Sugar Mill that re-processed BISS resulting in a loss of 104.57 quintals of V.P. Sugar. The Assistant Commissioner had imposed a penalty of Rs. 2,222 under Section 11AC, which was reviewed by the Commissioner for enhancement equal to the duty involved. However, the CCE (Appeals) dismissed the Department's appeal, leading to the filing of the present appeal. The issue revolved around whether the penalty under Section 11AC was justified in this scenario.

2. The judgment highlighted that the loss occurred due to negligence in the safe storage of excisable goods by the party involved. The Tribunal noted that Section 11AC of the Central Excise Act applies in cases involving evasion of duty through wilful misstatement, suppression of facts, fraud, or deliberate violation of provisions with the intent to evade duty payment. Given that the loss was due to negligence and not intentional evasion, the Tribunal found no merit in invoking Section 11AC in this situation. Therefore, the Tribunal dismissed the Revenue's appeal against the enhancement of penalty, emphasizing the specific conditions under which Section 11AC can be applied, which were not met in this case.

This comprehensive analysis of the judgment provides a detailed understanding of the issues raised, the arguments presented, and the Tribunal's decision regarding the application of Section 11AC of the Central Excise Act in the context of the case involving loss due to negligence in safe storage of excisable goods.