2011 (11) TMI 293 - AT - Central Excise

Plea for reduction of penalty to higher appellant forum - no option given by the authorities for depositing the entire dues within a period of 30 days from passing of the order in which the penalty would have been reduced to 25% in terms of proviso to section 11AC Held that - Issue is no more res integra. Where no option has been given by the authorities below the said option can be extended by the higher appellate forum. Thus while upholding the imposition of penalty to the extent of 100% option is given to assessee to deposit the entire dues along with 25% of penalty within a period of 30 days from passing of the order in which case penalty shall stand reduced to 25% of the duty amount. - Decided in fvaor of assessee.

Summary

Issues:
1. Restoration of appeal dismissed due to notice of hearing returned.
2. Shortage of final product in manufacturing process leading to duty demand and penalty imposition.
3. Dispute regarding the reduction of penalty under Section 11AC due to lack of option for early payment.

Analysis:
1. The judgment addresses the restoration of an appeal that was dismissed due to the notice of hearing being returned by postal authorities. The presiding judge recalls the order and restores the appeal to its original number, emphasizing the need for fairness in the process.

2. The case involves a manufacturing unit producing Lead Oxide where officers found a shortage of final product during an inspection. This shortage led to a duty demand of Rs.34,272, which the company director acknowledged and agreed to deposit. Subsequent proceedings confirmed the duty demand and imposed a penalty under Section 11AC, which was upheld by the Commissioner (Appeals), prompting the appellants to file the present appeal.

3. The main issue discussed is the reduction of the penalty under Section 11AC. The appellant did not dispute the duty demand or the penalty imposition but raised a concern about the lack of an option for early payment within 30 days, which would reduce the penalty to 25%. Citing legal precedents, the judge extended the option to the appellants to deposit the entire dues along with 25% of the penalty within 30 days, aligning with established legal principles and Supreme Court judgments.

In conclusion, the judgment addresses the procedural aspect of restoring an appeal, the duty demand and penalty imposition due to a shortage of final product, and the resolution of the penalty reduction issue based on legal interpretations and precedents. The decision ensures fairness and compliance with legal principles in handling the appeal.