2021 (3) TMI 1305 - AT - Central Excise

Levy of penalty - issue settled under Sabka Vishwas (Legacy Dispute Resolution) Scheme 2019 - valuation of excisable goods manufactured and cleared by the main appellant i.e. Vidyut Metallics Pvt. Ltd. - provisional assessment under Rule 7 of Central Excise Rules 2002 - HELD THAT - The case is of recurring nature; different adjudicating authorities have taken different stand vis- -vis imposition of penalties and no evidence of personal gain that would have accrued to the appellants has been brought out either in the show cause notice or the impugned order. No case has been made by the department for imposition of penalty as against the appellant - Moreover insistence of payment of penalty by a co-noticee when the main party has settled the issue under Sabka Vishwas (Legacy Dispute Resolution) Scheme defeats the spirit of the scheme itself. When the issue is of recurring nature and periodical show cause notices were being issued and adjudicated no mala fides can be attributed to individuals and hence imposition of penalties is not justified. Appeal allowed - decided in favor of appellant.

Summary

Issues:
- Appeal against penalties imposed on the appellants
- Valuation of excisable goods cleared by the assessee
- Invocation of Rule 26
- Settlement under Sabka Vishwas (Legacy Dispute Resolution) Scheme, 2019
- Recurring nature of the issue
- Imposition of penalty against the appellant
- Provisional assessment under Rule 7 of Central Excise Rules, 2002
- Cost of production of captively consumed goods
- Imposition of penalty on co-noticee when main party settles under Sabka Vishwas Scheme

Analysis:

The case involved appeals against penalties imposed on the appellants concerning the valuation of excisable goods cleared by the assessee. The main party had discharged excise duty on goods cleared for job work based on the previous financial year's cost, while the revenue sought to adopt a value based on an ad hoc 40% of available cost data. The issue had been ongoing for years, with previous proceedings refraining from imposing penalties. The appellant argued that Rule 26 could not be invoked as they were unaware of the goods being liable to confiscation, citing a Supreme Court decision in support.

The department maintained that penalties were justified since the main appellant settled under the Sabka Vishwas Scheme, 2019. However, the Tribunal found that the valuation issue revolved around excisable goods cleared by the main appellant. The appellant's declared value was lower than the actual calculated value, but the Tribunal noted that provisional assessment under Rule 7 could have been opted for. The adjudicating authority confirmed duty demand and penalties based on Circular No. 692/8/2003-CX.

The Tribunal observed a recurring nature of the issue with different adjudicating authorities taking varying stances on penalties. Noting the absence of evidence of personal gain and the lack of justification for penalties, the Tribunal ruled in favor of the appellants. It emphasized that imposing penalties on co-noticees when the main party had settled under the Sabka Vishwas Scheme went against the scheme's spirit. Given the recurring nature of the issue and the absence of mala fides, the Tribunal allowed the appeals, emphasizing the lack of justification for penalties against the appellant.

In conclusion, the Tribunal allowed the appeals, highlighting the recurring nature of the issue, the absence of evidence of personal gain, and the inconsistency in imposing penalties. The Tribunal found no justification for penalties against the appellant, especially when the main party had settled under the Sabka Vishwas Scheme, emphasizing the lack of mala fides and the spirit of the scheme.