2018 (3) TMI 1115 - AT - Central Excise

Penalty - Section 11AC(5) of the Central Excise Act - Held that - M/s MITC Rolling Mills have admittedly deposited the entire duty and proceedings against them stand concluded in terms of Section 11AC(5) of Central Excise Act and nothing remains - Filing of appeal against the said respondent cannot be appreciated and the Revenue,s appeal is to be rejected and dismissed on such ground itself - the Revenue,s grievance on non-imposition of penalties on the other co-noticees cannot be appreciated in terms of the various decisions of the Tribunal - appeal dismissed - decided against Revenue.

Summary

Issues:
1. Appellant's appeal against the order passed by the Commissioner regarding penalty imposition.
2. Clarification on the identity of the respondent in the appeal.
3. Dispute over penalties imposed on co-noticees by the Commissioner.
4. Interpretation of Section 11AC(5) of the Central Excise Act.

Analysis:
1. The appeal was filed by the Revenue against the order passed by the Commissioner, where it was observed that the respondent, M/s MITC Rolling Mills Pvt. Ltd., had paid the entire duty, interest, and 25% of the penalties. The Revenue contested that the proceedings should not be concluded solely based on this payment and further action was necessary. However, the Tribunal noted that the respondent had fulfilled the requirements under Section 11AC(5) of the Central Excise Act, leading to the conclusion that no further proceedings were warranted.

2. Despite the appeal referring to M/s MITC Rolling Mills Pvt. Ltd. as the respondent, the Revenue clarified that the appeal specifically targeted the penalty imposition on co-noticees. The learned AR highlighted that the Commissioner had not imposed penalties on other individuals involved in the case, leading to the appeal being filed. The Tribunal acknowledged this clarification and proceeded to address the issue of penalties on co-noticees.

3. The learned Advocate for the respondent argued that since M/s MITC Rolling Mills had fulfilled their obligations under Section 11AC(5) by paying the entire duty, the proceedings against them were concluded. Therefore, the appeal against them should be dismissed. The Tribunal agreed with this stance but also delved into the Revenue's grievance regarding the lack of penalties imposed on co-noticees. Citing precedents, the Tribunal found no valid reason to interfere with the Commissioner's order, ultimately rejecting the Revenue's appeal.

4. In the broader context of the case, the Tribunal's decision was influenced by the interpretation of Section 11AC(5) of the Central Excise Act. This section outlines the conditions under which proceedings can be concluded upon payment of duty and penalties. By analyzing the application of this provision in the current scenario, the Tribunal determined that the actions of M/s MITC Rolling Mills satisfied the statutory requirements, leading to the dismissal of the Revenue's appeal.

This comprehensive analysis of the judgment highlights the key issues addressed by the Tribunal, focusing on the interpretation of relevant legal provisions and the specific circumstances of the case at hand.