2011 (3) TMI 988 - AT - Central Excise

Composite penalty - The only plea advanced before us is that composite penalty under Customs Act and under Excise Rules cannot be imposed. - the composite penalty under two different Acts cannot be upheld, the matter should be remanded to original adjudicating authority for segregating the penalties under relevant Sections of both the Acts

Summary

Issues:
- Imposition of penalties under Customs Act and Central Excise Rules
- Validity of composite penalty
- Request for remand to segregate penalties under relevant sections

Analysis:
The judgment by the Appellate Tribunal CESTAT, Ahmedabad involved the imposition of penalties under the Customs Act and Central Excise Rules. The appeals arose from an order confirming the demand of Customs duty against a company and the imposition of penalties on various individuals and entities. The Commissioner had imposed penalties on the appellants, including a significant amount on the Director of the company and other individuals, under specific sections of the Customs Act and Central Excise Rules. The appellants challenged the imposition of composite penalties, arguing that penalties under two different legislative enactments could not be imposed together. They also contended that without a proposal for confiscation of goods or any order of confiscation, penalties could not be imposed under Section 112 of the Central Excise Rules, citing precedents from previous Tribunal decisions and High Court orders.

In response, the Revenue's representative argued that even if the composite penalty under two different Acts could not be upheld, the matter should be remanded to the original adjudicating authority for segregating the penalties under relevant sections of both Acts, relying on a Tribunal decision in a similar case. After considering the submissions from both sides, the Tribunal found that the appellants did not present arguments on the merits of the case but focused on the issue of composite penalties. The Tribunal agreed that composite penalties under the Customs Act and Central Excise Rules could not be imposed, as supported by various legal precedents cited by the appellants. Therefore, without delving into the case's merits, the Tribunal set aside the impugned order related to the appellants and remanded the matter to the Commissioner to determine the penal responsibility of each applicant separately under the Customs Act and Central Excise Rules.

The Tribunal clarified that it did not express any opinion on the case's merits and allowed the appellant to contest them in fresh proceedings. The judgment emphasized the legal principle that composite penalties under different legislative enactments cannot be imposed and highlighted the importance of segregating penalties under relevant sections of the respective Acts. The decision provided a clear direction for further proceedings while upholding the appellants' argument regarding the invalidity of composite penalties.