2011 (1) TMI 86 - AT - Central Excise

Duty along with interest - respondents defaulted in payment of duty - whether the respondents is liable to any penalty - Considering that the violations have been clearly spelt out in the show cause notice, Commissioner (Appeals) erred in totally setting aside the penalty - order of the Commissioner (Appeals) set aside and order of the original authority restored with the modification that the penalty imposed shall be only Rs.5,000/- - Appeal disposed off

Summary

Issues: Default in payment of duty, imposition of penalty under Rule 26 of Central Excise Rules, appeal against penalty, interpretation of rules by Commissioner (Appeals), modification of penalty amount.

In this case, the Appellate Tribunal CESTAT, New Delhi, dealt with a situation where the respondents defaulted in paying duty of Rs.1,06,774 by the due date for the month of December 2007, but paid it with interest later. A show cause notice was issued proposing a penalty under Rule 26 of the Central Excise Rules for violating Rule 8(3A) of the same. The original authority imposed the full penalty amount. On appeal, the Commissioner (Appeals) set aside the penalty, citing that only Rule 25 could be invoked against a manufacturer, not Rule 26. The Tribunal considered the submissions and records, concluding that there was indeed a delay in payment of duty, and the violations were clearly outlined in the notice. The Tribunal held that the Commissioner erred in completely setting aside the penalty, reinstating the original authority's decision but reducing the penalty to Rs.5,000 instead of the initial amount. The appeal was disposed of accordingly.

This judgment primarily revolves around the issue of default in duty payment and the subsequent imposition of a penalty under Rule 26 of the Central Excise Rules. The Tribunal analyzed whether the penalty was justified given the circumstances of the case, where the duty was paid late but in full. The interpretation of rules by the Commissioner (Appeals) was also a key issue, as the Tribunal disagreed with the Commissioner's view that only Rule 25 could be applied in this situation, emphasizing that the violations were adequately specified in the show cause notice, justifying the penalty under Rule 26. The modification of the penalty amount from the original sum to a reduced figure of Rs.5,000 was another crucial aspect of the judgment, indicating the Tribunal's discretion in adjusting penalties based on the facts of the case.