1985 (4) TMI 312 - AT - Central Excise

Summary

Issues:
Imposition of penalties under Rules 9(2), 52(A), 173(Q), and 226 of the Central Excise Rules, 1944 for the removal of sugar without debit for duty and without a valid gate pass.

Analysis:
The Additional Collector imposed penalties on the appellants for the removal of sugar without proper duty debit and gate pass, along with unauthorized alterations in central excise registers. The appellant argued that the action under Rule 9(2) was invalid due to a bona fide error in quantity calculation, as the authorized personnel were absent, leading to the excess removal of sugar without proper documentation. The Senior Departmental Representative justified the penalties citing various infractions under different rules.

The judgment analyzed the applicability of Chapter VII-A, which deals with the Self Removal Procedure for "notified commodities." The representative's argument based on Rule 173A was rejected, emphasizing that Chapter VII-A does not override the general provisions of the Act and Rules. The judgment highlighted that Rule 173A only prevails in case of conflicts between provisions.

The judgment summarized the infractions committed as removal of sugar without duty payment (Rule 9(1)), incorrect gate pass entries (Rule 52A), and improper account maintenance (Rule 226). It discussed the overlap between penalties under Rules 9(2) and 173Q, stating that Rule 173Q prevails due to higher penalties. The penalty under Rule 52(A) was deemed unnecessary, and penalties under Rules 9(2) and 52(A) were set aside.

Regarding Rule 226, the judgment found no conflict with Rule 173Q, upholding the penalty under Rule 226. The penalty under Rule 173Q was reduced to Rs. 4,000 from the initial amount, considering the appellant's clean record and the severity of breaching trust in the Self Removal Procedure.

In conclusion, the penalties under Rules 9(2) and 52(A) were set aside, the penalty under Rule 226 was upheld, and the penalty under Rule 173Q was reduced to Rs. 4,000.