2011 (5) TMI 178 - AT - Central Excise

Demand and imposition of penalties jointly and severely - Find that the Tribunal in number of precedent decisions has held that such confirmation of demand jointly and severely on various assessees/ appellants, is not in accordance with law - set-aside the impugned order and remand the matter of Commissioner for de-novo adjudication in the light of the observations made in the case of M/s. Saikrupa Dyeing & Printing Mills Pvt. Limited and to fix the responsibilities against each individual persons - Appeal is allowed by way of remand.

Summary

Issues:
Confirmation of demand and imposition of penalties jointly and severely on two noticees.

The judgment pertains to a case where the Commissioner had held that a rebate granted in the name of a company was erroneous, and ordered its recovery from the actual beneficiaries, two individuals, jointly and severely. Additionally, penalties were imposed under various provisions on the company, but ordered to be recovered from the two individuals collectively. The appellants contested this decision, arguing that the confirmation of demand and imposition of penalties jointly and severely on the two noticees was not in accordance with the law. The Tribunal referred to precedent decisions, including one involving M/s. Saikrupa Dyeing & Printing Mills Pvt. Limited, where it was held that such joint and several liabilities were not appropriate. Following the same reasoning, the Tribunal set aside the impugned order and remanded the matter to the Commissioner for fresh adjudication, directing the fixing of responsibilities against each individual separately. The appeal was allowed by way of remand. This decision emphasizes the need for individual assessment of liability in cases involving multiple parties, rather than imposing joint and several liabilities without proper evaluation.