2015 (12) TMI 1258 - AT - Central Excise

Recovery of duty - Imposition of penalty - Held that - Since, the amount of duty along with interest has been paid by the appellant on its own ascertainment and over and above such amount, no further amount towards Central Excise duty or interest was payable, there was no necessity for issuance of SCN, or for adjudication of the matter in view of the provisions of Section 11A(2B) of the Central Excise Act, 1944. As per the statutory mandates, upon payment of duty amount the issue has to be statistically closed for all practical purposes. Thus, I am of the view that issuance of SCN and adjudication of the matter in imposing the penalty under Central Excise Rules was not justified in the circumstances of the case. Further, in absence of suppression, misstatement, collusions etc., penal provisions contained in Rule 25 of the Central Excise Rules, 2002 cannot be invoked, justifying imposition of penalty. It is an admitted fact on record that the authorities below have not specifically observed that non-payment of duty within the prescribed time limit is attributable to the ingredients mentioned in the said rule. Thus, I am of the view that imposition of penalty under Rule 25 is not legal and proper. - there is no substance in the impugned order, justifying imposition of penalty - Decided in favour of assessee.

Summary

Issues:
- Central Excise duty liability non-payment
- Imposition of penalty under Rule 25 of the Central Excise Rules
- Interpretation of Section 11A(2A) and 11A(2B) of the Central Excise Act, 1944
- Legal justification for penalty imposition

Central Excise Duty Liability Non-Payment:
The appellant failed to discharge the Central Excise duty liability for the quarter ending 31.12.2010 within the prescribed time frame. The duty amount along with interest was paid by the appellant on 15.02.2011. Subsequently, a show cause notice (SCN) was issued by the Central Excise Department seeking recovery of the duty amount, interest, and imposition of penalties under Rule 25 & Rule 27 of the Central Excise Rules. The Commissioner (Appeals) confirmed a portion of the duty liability and imposed penalties under the mentioned rules. The primary issue revolves around the imposition of penalty under Rule 25.

Imposition of Penalty under Rule 25:
The appellant argued that since the duty amount with interest was paid before the SCN issuance, penalty imposition was unnecessary as per Section 11A(2A) of the Central Excise Act, 1944. The absence of suppression, misstatement, fraud, or collusion on the appellant's part further supported the argument against invoking Rule 25 for penalty imposition. The appellant cited a judgment from the Hon'ble Gujarat High Court to strengthen the argument. On the contrary, the Revenue representative reiterated the findings of the impugned order.

Interpretation of Section 11A(2B) and Legal Justification for Penalty Imposition:
The Tribunal analyzed the timeline of events where the duty payment preceded the SCN issuance, rendering further duty or interest payment unnecessary as per Section 11A(2B) of the Central Excise Act, 1944. The statutory requirement to close the issue upon duty payment was highlighted. The Tribunal concluded that the penalty imposition under Rule 25 was unjustified due to the absence of factors like suppression or misstatement. Citing the Hon'ble Gujarat High Court's judgment, the Tribunal emphasized that Rule 25 cannot be invoked without meeting specific contravention criteria. The correlation between Rule 25 and Section 11AC of the Act was discussed to underscore the necessity of meeting certain conditions for penalty imposition.

Conclusion:
The Tribunal ruled in favor of the appellant, setting aside the impugned order and allowing the appeal. The decision was based on the legal position that penalty imposition under Rule 25 was not justified in the absence of specific contraventions and the fulfillment of conditions outlined in the relevant legal provisions. The judgment highlighted the importance of adherence to statutory requirements and the need for clear justifications for penalty imposition under the Central Excise Rules.