2011 (3) TMI 884 - AT - Central Excise

Penalty under Section 11AC - the lower authorities have not given any option to the appellant to deposit the entire dues along with 25% of penalty within a period of thirty days of the communication of their orders in which case penalty shall stand reduced to 25% - where such no option stands extended by the lower authorities the same can be granted by the higher appellate forum - Appeal is disposed off

Summary

Issues:
1. Imposition of penalty under Section 11AC for reversal of modvat credit on capital goods.
2. Appellant's request for reduction of penalty to 25% by depositing 25% of the penalty amount within thirty days.

Imposition of Penalty under Section 11AC:
The appellant had reversed the modvat credit on capital goods after transferring them to a sister concern, leading to proceedings for the imposition of penalty under Section 11AC. The adjudicating authority imposed a penalty of Rs.6,47,167/- along with confirmation of interest, a decision upheld by the Commissioner (Appeals), prompting the appellant to file the present appeal. The learned advocate for the appellant did not contest the liability for penalty under Section 11AC but argued that the lower authorities did not provide the appellant with the option to deposit the entire dues along with 25% of the penalty within thirty days of receiving the orders, as per precedents set by the Tribunal and the Gujarat High Court. The Tribunal, after considering the submissions, upheld the confirmation of interest and the imposition of the penalty. However, the Tribunal granted the appellant the option to reduce the penalty to 25% if 25% of the penalty amount, along with the duty and interest, is deposited within thirty days of the communication of the order.

Reduction of Penalty to 25%:
The Tribunal's decision allowed the appellant to avail the option of reducing the penalty to 25% by making the specified payment within the stipulated timeframe. The lower authorities were directed to consider the appellant's compliance with the payment of duty, interest, and a portion of the penalty already deposited while assessing the penalty amount. The appellant's appeal was disposed of based on these terms, providing a pathway for the reduction of the penalty amount in line with the appellant's request and relevant legal precedents.

This comprehensive analysis of the judgment outlines the issues of penalty imposition under Section 11AC and the appellant's request for a reduction in penalty amount, detailing the arguments presented, the Tribunal's decision, and the conditions set for penalty reduction.