2012 (8) TMI 721 - HC - Central Excise

Pre-deposit penalty Held that - Main defaulter/MHL has been granted immunity and is not to pay any penalty and, therefore, these appellants should not be called upon to pay the penalty has not been addressed at all - where against main noticee/defaulter, the Settlement Commission has granted immunity from payment of any penalty, no penalty can be imposed upon other co-noticees pre-deposit waived

Summary

Issues:
1. Tribunal's direction to make pre-deposit of penalties.
2. Appellants' contention regarding immunity from penalty.
3. Applicability of previous Tribunal orders on penalty imposition.

Analysis:
1. The Tribunal directed the appellants to make a pre-deposit of 25% of the penalties imposed on them pending the adjudication of their appeals against the order of the Commissioner. The Tribunal expressed concern over the Revenue's failure to inform the Settlement Commission about the penalties imposed on several noticees. The appellants sought relief from pre-deposit under Section 55F of the Act and stay of recovery, which led to the impugned order dated 13th September, 2010.

2. The appellants argued that since the main defaulter had been granted immunity from penalties by the Settlement Commission, they should not be held liable to pay penalties. The Tribunal did not address this issue in its order, prompting the appellants to cite three judgments by the CESTAT supporting their stance. These judgments established that when the main defaulter receives immunity from penalties, co-noticees should not be penalized. The appellants contended that based on these precedents, they were entitled to a waiver of the pre-deposit requirement.

3. Relying on the previous orders by other Coordinate Benches of the Tribunal, the Court found that the appellants had a strong prima facie case in their favor. The Court set aside the Tribunal's order directing the pre-deposit of penalties and instructed the Tribunal to hear the appellants without such pre-deposit. Emphasizing the expeditious resolution of the appeals due to the straightforward legal question involved, the Court directed the Tribunal to proceed with the case promptly.

This detailed analysis of the judgment highlights the issues raised by the appellants, the Tribunal's decision on pre-deposit, and the legal precedents supporting the appellants' argument for immunity from penalties. The Court's intervention based on previous Tribunal orders underscores the importance of fair treatment and consistency in penalty imposition across similar cases.