2011 (2) TMI 994 - AT - Central Excise

Penalty under Section 11AC - Clandestine removal - the penalties imposed upon the director and the other merchant manufacturer - Held that - While upholding the confirmation of demand of imposition of penalty to the extent of 100%, an option given to the appellant to deposit the entire duty, interest and 25% of penalty within a period of thirty days from today, in which case the penalty shall stand reduced to 25%. As admittedly the clandestine activities were being carried out with the consent and knowledge of the director as also with the active involvement of the merchant manufacturers, thus making them liable to penalties in terms of Rule 26 of Central Excise Rules - As the penalties have already been reduced, no further interference is called for in the quantum of penalties imposed upon the said appellants - Their appeals are accordingly rejected.

Summary

Issues:
Confirmation of duty and penalty against the appellant for clandestine removal, imposition of penalty on other applicants, reduction of penalties by Commissioner (Appeals), extension of option to reduce penalty to 25% by the Tribunal, confirmation of demand and penalty by the Tribunal, reduction of penalties imposed on the director and merchant manufacturers.

Analysis:
The judgment by the Appellate Tribunal CESTAT, Ahmedabad, addressed the issue of confirmation of duty and penalty against the appellant for clandestine removal. The duty amount of Rs.7,20,564/- was confirmed against M/s. Rita Dyeing & Printing Mills along with the imposition of a penalty of an identical amount under Section 11AC of the Central Excise Act, 1944. The Tribunal upheld the demand of duty and imposition of penalty to the extent of 100% on M/s. Rita Dyeing & Printing Mills based on the findings of clandestine removal. Penalties were also imposed on other applicants in accordance with Rule 26 of the Central Excise Rules, 2002.

Regarding the reduction of penalties, the Commissioner (Appeals) had already reduced the penalties on the director and merchant manufacturers. The Tribunal found that the clandestine activities were conducted with the consent and knowledge of the director and active involvement of the merchant manufacturers, making them liable for penalties. As the penalties had already been reduced by the Commissioner (Appeals), the Tribunal decided not to interfere further in the quantum of penalties imposed on these appellants, ultimately rejecting their appeals.

The issue of extending the option to reduce the penalty to 25% was also addressed in the judgment. The appellant's advocate argued that the lower authority did not provide the appellant with the option to pay the entire dues within thirty days to reduce the penalty amount to 25%, as per the proviso to Section 11AC. Citing legal precedents, the advocate requested the Tribunal to grant this option. The Tribunal, in line with the legal position cited, granted the appellant the option to deposit the entire duty, interest, and 25% of the penalty within thirty days, reducing the penalty to 25%.

In conclusion, the Tribunal confirmed the demand of duty and penalty against M/s. Rita Dyeing & Printing Mills, upheld the penalties imposed on the director and merchant manufacturers, and granted the appellant the option to reduce the penalty to 25% by paying the entire dues within thirty days. The judgment provided a comprehensive analysis of the issues involved and applied relevant legal precedents to reach its decision, ensuring a fair and just outcome in the matter.