2009 (11) TMI 757 - AT - Central Excise

Summary

Issues:
- Dismissal of appeal by Commissioner (Appeals)
- Confirmation of demand of duty and penalty by Jt. Commissioner
- Disputed clearance of parts of P.D. Pumps without duty payment
- Applicability of penalty under Rule 25 of Central Excise Rules, 2002

Dismissal of Appeal by Commissioner (Appeals):
The appeal was dismissed by the Commissioner (Appeals) based on the ground that the issue had already been decided in the appellant's favor for an earlier period. The Commissioner observed that the present appeal was also liable to be dismissed for the same reason.

Confirmation of Demand of Duty and Penalty by Jt. Commissioner:
The Jt. Commissioner confirmed the demand of duty amounting to Rs. 6,52,202 along with interest and imposed a penalty of Rs. 1 lakh against the appellants. The Commissioner (Appeals) upheld this decision, stating that the penalty was justified as the appellants had cleared parts of P.D. Pumps without payment of duty.

Disputed Clearance of Parts of P.D. Pumps Without Duty Payment:
The appellants, engaged in the manufacture of P.D. Pumps, cleared parts chargeable to duty without payment, assuming they were integral parts of the pumps. A show cause notice was issued for this, and the Jt. Commissioner adjudicated the matter, leading to the demand of duty and penalty.

Applicability of Penalty under Rule 25 of Central Excise Rules, 2002:
The penalty imposed by the adjudicating authority was challenged by the appellants, arguing that there was no intention to evade duty justifying the penalty. The Apex Court's ruling in a related case emphasized that penalty provisions would apply only if there was a finding of deliberate wrongdoing. The adjudicating authority failed to justify the penalty under Rule 25(1) as there was no evidence of intent to evade duty or meeting the requirements of Section 11AC.

In conclusion, the appeal was partially successful, with the dismissal upheld concerning the merits of the case but succeeding regarding the penalty. The penalty was set aside due to the lack of evidence supporting its imposition.