9911796707
|
Home
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2013 (11) TMI 1538 - AT - Central ExciseImposition of penalty - Removal of goods without payment of Central Excise duty in terms of Rule 19(2) of Central Excise Rules, 2002 read with Notification No. 43/2001-C.E. (N.T.), dated 26-6-2001 - Held that - Penalty imposed upon assessee is not justified inasmuch as the Rule 6 of Central Excise (Removal of Goods at Concessional Rate of Duty for Manufacture of Excisable Goods) Rules, 2001 lays down that where subject goods are not used for intended purposes, the manufacturer shall be liable to pay the amount equal to difference between the duty leviable on such goods but for the exemption and if duty has not already been paid, along with interest, the provisions of Section 11A and Section 11AB of Central Excise Act, 1944 shall apply mutatis mutandis for effecting such recovery. It may be noted that provisions of Section 11AC has not been made applicable under Rule 6 or any other Rule of said Rules, 2001. As such, no penalty can be imposed upon the assessee. - After having seen Rule 6 or the other provisions of said Rules, 2001, we find that provisions of Section 11AC has not been made applicable. As such, we set aside the penalty of ₹ 2,96,881/- imposed upon the assessee. - Decided against Revenue.
Issues:
1. Appeal against order passed by Commissioner (Appeals) by Revenue. 2. Cross-objection filed by respondents regarding duty confirmation and penalty imposition. 3. Utilization of HSD/ULSD without payment of Central Excise duty. 4. Interpretation of Central Excise Rules and Notification No. 43/2001-C.E. 5. Scrutiny of records by Central Excise officer leading to duty deposit. 6. Proceedings initiated by Revenue for demand confirmation, interest, and penalty. 7. Commissioner (Appeals) decision based on Supreme Court judgments. 8. Settlement of disputed issue in favor of respondents. 9. Confirmation of duty demand and penalty imposition by Commissioner (Appeals). 10. Challenge against penalty imposition based on Rule 6 of Central Excise Rules. Analysis: 1. The appeal was filed by the Revenue against the order passed by the Commissioner (Appeals), while the respondents filed a cross-objection regarding the duty confirmation and penalty imposition. The dispute arose from the procurement of HSD/ULSD without paying Central Excise duty during a specific period. The assessee's compliance with Central Excise Rules and Notification No. 43/2001-C.E. was questioned. 2. The Central Excise officer visited the assessee's factory, leading to a view that the facility was misutilized, resulting in duty deposit. Subsequently, proceedings were initiated by the Revenue, proposing a demand confirmation, interest, and penalty. The Commissioner (Appeals) observed discrepancies but considered relevant Supreme Court judgments in similar cases. 3. The Commissioner (Appeals) referenced the Supreme Court's decisions in cases involving the use of materials indirectly in manufacturing processes. The judgments emphasized that direct use is not mandatory for availing exemptions. The Commissioner set aside the demand confirmation and penalty, citing the application filed by the appellant and verification of consignments by Central Excise authorities. 4. The Tribunal found the issue settled in favor of the respondents, citing previous judgments and the application of similar principles in related cases. The Tribunal rejected the Revenue's appeal, upholding the Commissioner (Appeals) decision. 5. Regarding the penalty imposition, the Commissioner (Appeals) confirmed the duty demand and imposed penalties, leading to cross-objections by the respondents. The argument was based on Rule 6 of Central Excise Rules, contending that penalties cannot be imposed as Section 11AC was not applicable under the said Rules. 6. The Tribunal agreed with the contention that penalties could not be imposed as Section 11AC was not made applicable under Rule 6 or other provisions of the Rules. Consequently, the penalty of &8377; 2,96,881/- imposed on the assessee was set aside. Both the Revenue's appeal and the cross-objections were disposed of accordingly.
|
