2011 (9) TMI 541 - HC - Central Excise

Whether mandatory penalty under 11AC can be reduced in case of Evasion by Tribunal - Clandestine removal of goods - Held That - In view of Dharmendra Textile Processors (2008 -TMI - 31520 - SUPREME COURT) and Rajasthan Spinning & Weaving Mills (2009 -TMI - 33419 - SUPREME COURT OF INDIA) - No discretion to reduce mandatory penalty under 11AC .

Summary

Issues:
1. Reduction of penalty under Section 11-AC of the Central Excise Act, 1944 even when duty evasion is established.
2. Requirement for the authority to record reasons for reducing the penalty amount.

Analysis:

Issue 1: Reduction of Penalty
The case involved a situation where the respondent was found engaged in manufacturing and clearing goods without requisite registration, leading to the imposition of central excise duty and penalty. The Tribunal partially allowed the appeal, stating that since the duty was paid before the show cause notice, penalty was not leviable. However, the High Court referred to previous judgments, including the Supreme Court's decision in UOI vs Rajasthan Spinning & Weaving Mills, emphasizing that the payment of duty before or after the notice does not impact the imposition of penalty under Section 11AC. The Court held that once the conditions of Section 11AC are met, the authority has no discretion to reduce the penalty below the determined duty amount. Therefore, the High Court ruled in favor of the revenue, stating that the penalty equivalent to the duty demanded should have been imposed on the respondent.

Issue 2: Requirement to Record Reasons
The High Court found that the Tribunal erred in reducing the penalty without sufficient grounds, as mandated by law. The Court emphasized that the duty could not have been reduced as attempted by the Tribunal. As a result, the appeal was allowed, and the impugned judgment of the Tribunal regarding the penalty was set aside. Since the first issue was decided in favor of the revenue, the second question regarding the duty-bound recording of reasons for reducing the penalty did not require consideration. The appeal was disposed of accordingly.

In conclusion, the High Court clarified the legal position regarding the imposition of penalties under Section 11AC of the Central Excise Act, emphasizing that the duty payment timing does not affect penalty imposition. The judgment highlighted the importance of adhering to statutory provisions and established precedents in determining penalties for duty evasion, ensuring consistency and fairness in excise law enforcement.