2015 (6) TMI 190 - AT - Central Excise

Waiver of pre deposit - CENVAT Credit - Imposition of penalty - Bogus invoices - Non receipt of goods - Held that - registration of Muni Group of Companies was done by the applicant and the reports submitted are misleading. It was found that the factories do not exist. It was also observed that huge transactions have been shown. We also note that for processing of the rebate claim, verification about the export as also the verification about the duty payment etc. is done by the range superintendent. We are not able to persuade ourselves that such fraud can be done relating to registration, availment of huge amount of credit and processing of the rebate claims without the tactical support of the range superintendent. There are large number of documents which will have to be gone through before taking a final view, but prima facie we feel that the applicant has not been able to make a case on merits. - since the applicant has processed the registration certificate, permitted the cenvat credit availment and also verified the duty payment particulars of the goods exported, the then Rule 26 will be applicable to the applicant. - It may be true that the applicant is out of job for some period. However, this cannot imply that the applicant has no means. - applicant is directed to deposit an amount of ₹ 5,00,000 within a period of six weeks - Partial stay granted.

Summary

Issues: Violation of principles of natural justice, Imposition of penalty under Rule 26

Violation of principles of natural justice:
The case involved the applicant, a former Superintendent of Central Excise, who was accused of being involved in a conspiracy with a group of companies to fraudulently claim cenvat credit and evade taxes. The applicant challenged the order imposing penalties before the Tribunal, alleging a violation of principles of natural justice. The applicant claimed that he was not provided with the necessary documents and evidence against him, and that he was not given a fair opportunity to defend himself. The Tribunal noted that the applicant failed to attend personal hearings and did not specify the documents required for his defense. The Tribunal found that the reports submitted by the applicant were misleading, as the factories claimed to exist did not, and there were discrepancies in the transactions. The Tribunal concluded that the applicant had not been able to establish a strong case on merits, and therefore, the principles of natural justice were not violated.

Imposition of penalty under Rule 26:
Another issue raised was the imposition of penalty under Rule 26. The applicant argued that the penalty could not be imposed as sub-rule (2) of Rule 26 was introduced later. The Additional Commissioner opposed the stay application, stating that the applicant's involvement in the conspiracy was evident from the fraudulent activities of the group of companies. The Tribunal considered the arguments from both sides and cited various judgments to support their decision. The Tribunal found that the applicant's role in processing registration certificates, permitting cenvat credit, and verifying duty payments made Rule 26 applicable to him. Despite the applicant's claim of financial hardship, the Tribunal directed him to deposit a specific amount within a specified period to stay the recovery of the remaining penalty amount. The Tribunal's decision was based on a comprehensive evaluation of the facts and circumstances of the case, ensuring fairness and compliance with legal principles.

This judgment by the Appellate Tribunal CESTAT MUMBAI addressed the issues of violation of principles of natural justice and the imposition of penalty under Rule 26 in a case involving alleged fraudulent activities by a former Superintendent of Central Excise. The Tribunal carefully analyzed the arguments presented by both parties, considered relevant legal precedents, and made a decision based on the merits of the case. The judgment highlighted the importance of procedural fairness, the burden of proof, and the application of relevant legal provisions in matters of taxation and fraud.