2011 (3) TMI 893 - AT - Central Excise

Personal penalties - provision of Rule 26 of Central Excise Rules - the imposition of penalty upon the present appellants who are co-noticees under rule 26 of Central Excise Rules when the proceedings against the main noticee stands concluded in terms of the first proviso to Section 11A(2) are erroneous and not sustainable.

Summary

Issues:
Imposition of penalties under Rule 26 of Central Excise Rules on co-noticees after proceedings against main noticee concluded.

Detailed Analysis:

1. Background: The penalties were imposed on the applicants under Rule 26 of Central Excise Rules due to proceedings initiated against M/s. Hariom Industries for duty demand confirmation, interest, and penalties. The penalties were also proposed on individuals involved in the purchase of illegally removed final products.

2. Acceptance of Liabilities: M/s. Hariom Industries accepted the liabilities after the show cause notice, paid the entire duty amount along with interest and a penalty equivalent to 25% of the duty.

3. Impugned Order: The Joint Commissioner concluded the proceedings against M/s. Hariom Industries but imposed penalties on the present applicants under Rule 26 of Central Excise Rules.

4. Appeal and Contentions: The appellants appealed to the Commissioner (Appeals) contending that when proceedings against the main noticee conclude, the proceedings against co-noticees should also end. However, the Commissioner (Appeals) did not accept this plea, leading to the present appeals.

5. Key Issue: The main issue to be decided in the present appeal is whether, when proceedings against the main appellant conclude as per the proviso to sub-section 2 of Section 11A of the Central Excise Act, 1944, the Revenue can proceed against co-noticees for imposing penalties.

6. Legal Provisions: Section 11A of the Central Excise Act, 1944, outlines the process for determining duty, interest, and penalties in cases of fraud, collusion, or contravention. The proviso to sub-section 2 of Section 11A deals with the conclusion of proceedings against the main noticee and co-noticees.

7. Interpretation: The interpretation of the legal provisions reveals that upon payment by the main noticee in accordance with Section 11A(1A), the first proviso to Section 11A(2) concludes proceedings against both the main noticee and co-noticees mentioned in the show cause notice.

8. Judgment: Considering the above discussion, the imposition of penalties on co-noticees under Rule 26 of Central Excise Rules after the conclusion of proceedings against the main noticee is deemed erroneous and unsustainable. Therefore, the penalties imposed on the present appellants are set aside, and the appeals are allowed, leading to the disposal of stay petitions and appeals.