2011 (3) TMI 1529 - HC - Central Excise

Summary

Issues: Reduction of penalty by the Commissioner (Appeals) under Section 11AC of the Central Excise Act.

The judgment involves an application for early hearing based on a Supreme Court decision in a related case. The High Court allows the appeal to be heard promptly. The main issue in the appeal is the reduction of penalty by the Commissioner (Appeals) under Section 11AC of the Central Excise Act. The Additional Commissioner had confirmed a demand and imposed a penalty. The respondent challenged the penalty amount before the Commissioner (Appeals), arguing for a lower penalty based on voluntary payment before the show cause notice. The Commissioner (Appeals) exercised discretion and reduced the penalty, which was upheld by the Tribunal. However, the Supreme Court's judgment in Dharamendra Textile Processors clarifies that there is no discretion to reduce the penalty below the duty demanded under Section 11AC of the Act. The court refers to specific provisions and previous cases to support this interpretation.

The court notes that the Commissioner (Appeals) did not have the discretion to reduce the penalty below the amount of duty demanded, as clarified by the Supreme Court's judgment in Dharamendra Textile Processors. The court sets aside the Tribunal's decision affirming the reduced penalty and remits the case back to the Commissioner (Appeals) to determine the applicability of the proviso to Section 11AC of the Act. The court emphasizes that the Commissioner (Appeals) must consider this aspect after hearing both parties. The appeal is disposed of accordingly, with the penalty reduction being deemed unsustainable in light of the legal position established by the Supreme Court.

In summary, the judgment addresses the issue of the reduction of penalty by the Commissioner (Appeals) under Section 11AC of the Central Excise Act. It highlights the lack of discretion to reduce the penalty below the duty demanded, as clarified by the Supreme Court's ruling in Dharamendra Textile Processors. The court sets aside the reduced penalty amount, remits the case for further consideration, and emphasizes the need to determine the applicability of the proviso to Section 11AC in the specific case.