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2010 (2) TMI 630 - HC - Central ExcisePenalty - Tribunal reduced the penalty to 25% of the duty leviable on the respondent - entire amount has not been paid by the respondent-assessee and interest and/or reduced penalty of 25% were also not paid by the respondent-assessee - order passed by the Tribunal cannot be said to be a non-speaking and non-reasoned order - Tribunal while dismissing the Departmental Appeal observed that the quantum of the penalty is to the extent at around 25% of the duty amount and does not call for any interference - no interference was called for in the order of the Tribunal - Appeal dismissed
Issues involved:
Reduction of penalty under Section 11AC of the Central Excise Act, 1944 despite confirmed duty on clandestine removal and evasion of Central Excise duty. Compliance with preconditions for reduced penalty under proviso to Section 11AC. Statutory obligation of adjudicating authority to mention benefit of reduced penalty in the order. Application of judicial precedents in penalty imposition cases. Justification of Tribunal's decision to reduce penalty to 25% of duty amount. Reasoning and legality of the Tribunal's order. Issue 1: Reduction of Penalty under Section 11AC: The Commissioner filed a tax appeal questioning the Tribunal's reduction of the mandatory penalty on the respondent despite confirming duty evasion. The Tribunal reduced the penalty to 25% of the duty amount. Mr. Oza argued that the Tribunal mechanically passed the order without recording reasons. The respondent had not paid the full duty amount and interest, failing to meet preconditions for reduced penalty under Section 11AC. However, the High Court upheld the Tribunal's decision, citing previous judgments and finding the penalty reduction justified. Issue 2: Compliance with Preconditions for Reduced Penalty: Mr. Oza contended that the respondent did not fulfill the preconditions for availing the reduced penalty under Section 11AC. The duty amount was not paid with interest, and the reduced penalty was not deposited within the specified time. The Court noted that the adjudicating authority should have explicitly mentioned the availability of reduced penalty in the order, as mandated by a Circular from the Central Excise Department. The Court directed the authority to communicate the outstanding amount to the respondent for compliance within 30 days. Issue 3: Statutory Obligation of Adjudicating Authority: The Court addressed the statutory obligation of the adjudicating authority to mention the benefit of reduced penalty in the order. It was noted that the authority had not calculated interest in the original order, making it challenging for the respondent to pay the interest along with the duty amount. The Court referred to a Circular requiring the authority to mention the provisions of reduced penalty in the order, emphasizing compliance with the Circular's directives. Issue 4: Application of Judicial Precedents: Mr. Oza argued against the application of certain judicial precedents cited by the Tribunal, stating that they were not directly applicable to the present case. The Court considered various judgments and upheld the Tribunal's decision based on the principles established in previous cases related to penalty imposition under Section 11AC. Issue 5: Tribunal's Justification for Penalty Reduction: The Tribunal's decision to reduce the penalty to 25% of the duty amount was challenged by Mr. Oza. However, the Court found the Tribunal's order reasoned and in line with consistent views on penalty imposition cases. The Court noted that if the duty amount with interest and reduced penalty is not paid within the specified time, the respondent should be given an option to comply within 30 days, as per legal requirements. Issue 6: Reasoning and Legality of Tribunal's Order: The Court concluded that the Tribunal's order was not non-speaking or non-reasoned, contrary to Mr. Oza's argument. The Tribunal's decision to maintain the penalty at 25% of the duty amount was justified based on consistent views in penalty imposition matters. The Court dismissed the Tax Appeal with the clarification regarding compliance with preconditions for penalty reduction under Section 11AC. This detailed analysis covers the key issues raised in the judgment, addressing the legal arguments, statutory obligations, compliance requirements, and judicial precedents considered in the case.
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