2015 (10) TMI 1255 - AT - Central Excise

Penalty of ₹ 15,000/- under Rule 27 of Central Excise Rules, 2002 - contravention of Rule 12(2A) (a) of Central Excise Rules, 2002 - Held that - Rule 27 of Central excise Rules, 2002 prescribe maximum penalty of ₹ 5000/-. Therefore there is no limit for imposing penalty on lower side. In these circumstances, I restrict the penalty for contravention of each Rule for several occasions up to ₹ 5,000 - Appeal disposed of.

Summary

Issues:
Penalty under Rule 27 of Central Excise Rules, 2002 for contravention of Rule 12(2A) (a) and penalty under Rule 15A of Cenvat Credit Rules, 2004 for contravention of Rule 9A (1) and Rule 9 A(3).

Analysis:
The appellant appealed against the penalty imposed for contraventions of various rules. The appellant argued that separate penalties for each contravention cannot be imposed, citing Rule 27 of Central Excise Rules, 2002, which allows for a general penalty for breaching rules. The appellant contended that the maximum penalty of Rs. 5000 could be imposed for each contravention. However, the respondent referred to a previous decision stating that penalties can be imposed for each contravention. The Tribunal examined the record and noted that while Rule 27 prescribes a maximum penalty of Rs. 5000, there is no limit on the lower side for imposing penalties. Consequently, the Tribunal restricted the penalty for each contravention to Rs. 5000, reducing the total penalty to Rs. 15,000.

The Tribunal, after hearing both parties and considering their submissions, found that the penalties imposed needed adjustment based on the rules and previous decisions. The Tribunal clarified that while the maximum penalty under Rule 27 is Rs. 5000, there is no minimum limit specified. Therefore, the penalty for contravention of each rule on multiple occasions was limited to Rs. 5000 each. As a result, the total penalty on the appellant was reduced to Rs. 15,000, with Rs. 5000 allocated for contravention of each of the three rules mentioned.

In conclusion, the Tribunal disposed of the appeals by reducing the penalty on the appellant to Rs. 15,000, with Rs. 5000 assigned for contravention of each of the specified rules. The decision clarified the application of penalties for contraventions of different rules and set a consistent penalty amount for each contravention based on the provisions and precedents cited during the proceedings.