2016 (3) TMI 1147 - AT - Central Excise

Validity of SCN - Section 11A in the Central Excise Act 1944 - Clandestine removal - Held that - by way of substitution of Section 11A in the Central Excise Act 1944 with effect from 8-4-2011 is simply a simplified procedure have been prescribed where the assessee admits before and pays the duty with interest and penalty as applicable as provided in sub-section (6) of Section 11A and gives intimation to the Central Excise Officer - the appellant have admitted their liability and have paid the required duty as required under sub-section (6) and intimated the Central Excise Officer as required under sub-section (7) accordingly as provided in sub-section (7) - no show cause notice was required to be served - appeal allowed - decided in favor of appellant.

Summary

Issues: Duty adjudication on seized goods, penalty imposition, confiscation of goods, compliance with Central Excise Rules, validity of show cause notice, applicability of Section 11A of the Central Excise Act, 1944.

Duty Adjudication and Compliance with Central Excise Rules:
The appellants, engaged in the manufacture of Flavoured/Branded Chewing Tobacco, faced duty adjudication on goods seized due to alleged clandestine removal. The goods were provisionally released after the appellants admitted the lapse and paid a substantial amount towards duty. The Assistant Commissioner directed the appellants to clear the goods on payment of appropriate duty as per Central Excise Rules. The appellants complied by accounting for the goods in their stock register and clearing them under tax invoices, demonstrating adherence to the prescribed procedure.

Penalty Imposition and Confiscation of Goods:
A show cause notice was issued proposing duty adjudication, interest, and penalty under Section 11AC of the Central Excise Act, 1944. The duty proposed was confirmed along with penalties, and the goods were ordered to be confiscated with an option for redemption by paying a fine. Additionally, a penalty was imposed on one of the appellants under Rule 26 of Central Excise Rules. The Commissioner (Appeals) upheld the penalties citing relevant legal precedents, leading to the appellants appealing to the Tribunal.

Validity of Show Cause Notice and Application of Section 11A:
The appellants challenged the show cause notice's validity, arguing that they had already informed the Central Excise Officer of accepting liability and paying the duty as per Section 11A of the Act. The appellants contended that the duty amount calculated by the Revenue was lower than what they had paid in advance, questioning the necessity of interest and higher penalties. The Tribunal agreed that as per the amended Section 11A, no show cause notice was required if the duty, interest, and penalty were paid and intimated to the officer, thus ruling the notice invalid and setting aside the impugned order.

Conclusion:
The Tribunal, after considering the submissions, found in favor of the appellants, setting aside the impugned order due to the invalid show cause notice and directing the Adjudicating Authority to calculate any applicable interest and penalty. The Tribunal emphasized the importance of compliance with the amended Section 11A, highlighting the need for timely duty payment and intimation to the Central Excise Officer to avoid unnecessary show cause notices. The appellants were granted consequential benefits, and the case concluded with directions for further financial adjustments as necessary.