2019 (5) TMI 1899 - AT - Central Excise

Levy of penalty u/r 12(6) of the Central Excise Rules 2002 - late filing of return - HELD THAT - Considering the fact that in 2014 the provisions of Rule 12(6) of the Central Excise Rules 2002 were not applicable. Therefore no penalty is imposable on the appellant for the period prior to Rule 12(6) of the Central Excise Rules 2002 in the statue book i.e. 01.03.2015. Further there is no loss of revenue to the department in that circumstance the appellant need leniency from this Tribunal. The penalty reduced to Rs. 12, 000/- on the appellant for late filing of the returns - appeal allowed in part.

Summary

Issues:
Imposition of penalty under Rule 12(6) of the Central Excise Rules, 2002 for late filing of return.

Analysis:
The appellant challenged the imposition of penalties under Rule 12(6) of the Central Excise Rules, 2002 for late filing of returns. The appellant, registered with the Central Excise department in 2014, paid excise duty on time but filed the returns belatedly. A show cause notice was issued, leading to the imposition of various penalties. The appellant sought a reduction in the quantum of penalties.

The Tribunal considered the applicability of Rule 12(6) of the Central Excise Rules, 2002 to the case. It was noted that the provisions of Rule 12(6) were not applicable in 2014, the year of the appellant's registration. Therefore, no penalty could be imposed for the period before Rule 12(6) came into effect on 01.03.2015. Additionally, as there was no loss of revenue to the department, leniency was granted to the appellant. Consequently, the penalty was reduced to Rs. 12,000 for the late filing of returns.

In conclusion, the Tribunal disposed of the appeal in favor of the appellant, reducing the penalty amount. The decision highlighted the importance of considering the relevant statutory provisions in determining the applicability of penalties and the need for discretion in cases where no revenue loss is incurred by the department.