2015 (3) TMI 31 - AT - Central Excise

Penalty u/s 11AC - Duty paid with interest before issuance of SCN - Held that - As per the proviso to Section 11AC in case the duty and interest has been paid within 30 days of the adjudication, the penalty is leviable to the extent of 25% only. But instead of following the provisions of the law, both the lower authorities have confirmed the penalty to the extent of 100%, which shows that the order has been passed without application of mind. If both the lower authorities have applied their mind, matter need not have travelled till this Tribunal. Appellant has paid duty along with interest before the issuance of the show-cause notice. Therefore, penalty is restricted to 25% of the duty confirmed. The appellant is required to pay 25% of the penalty confirmed against them - Decided in favour of assesse.

Summary

Issues:
1. Imposition of penalty under Section 11AC of the Central Excise Act, 1944.

Analysis:
The appellant contested the penalty imposed by the Adjudicating Authority and the first appellate authority, arguing that they had paid the disputed duty along with interest before the show-cause notice was issued. They contended that as per Section 11AC, the penalty should have been limited to 25% of the duty confirmed. However, both lower authorities levied a penalty of 100%, which the appellant deemed excessive. The Tribunal was urged to set aside the impugned order to the extent of the penalty imposed.

The ld. AR, representing the respondent, did not offer substantial comments on the issue when asked, leaving the Tribunal to form its own opinion. After hearing both parties and considering their submissions, the Tribunal delved into the provisions of Section 11AC of the Central Excise Act, 1944, which outlines penalties for non-levy or short-levy of duty. The section delineates various scenarios and corresponding penalty percentages based on the circumstances of duty evasion or non-payment.

The Tribunal highlighted the proviso to Section 11AC, which specifies that if duty and interest are paid within 30 days of adjudication, the penalty should be restricted to 25% of the duty confirmed. It noted that the lower authorities had failed to adhere to this provision, imposing a penalty of 100% instead. This deviation indicated a lack of proper application of the law by the lower authorities, necessitating the appeal to reach the Tribunal for resolution.

Consequently, the Tribunal ruled in favor of the appellant, emphasizing that since the duty and interest were paid before the show-cause notice, the penalty should be limited to 25% of the confirmed duty amount. The appellant was directed to pay the reduced penalty amount as per the statutory requirement. The appeal was allowed based on these findings.