2018 (8) TMI 888 - AT - Central Excise

Penalty on M/s. Standard Electricals - the transferor company (appellant herein) shall stand dissolved without winding up, once the scheme comes into effect - Held that - Admittedly, the appellant was juristic person and on juristic person, the penalty can be recovered from a person only and cannot be fastened liability on the successor - the recovery of penalty from M/s. Havells India Limited. set aside.

Summary

Issues:
1. Interpretation of legal provisions regarding penalty imposition on a dissolved company.
2. Liability of penalty on a successor company post-dissolution of the transferor company.

Analysis:
The judgment pertains to a dispute over the penalty imposed on a company, M/s. Standard Electricals, which was dissolved following a scheme of amalgamation approved by the Delhi High Court. The larger bench of the Tribunal examined the legal implications of the dissolution of the company and the liability for penalties. The Tribunal noted that the dissolution of a company terminates its existence as a juristic person, and the Central Excise duty liability is connected to the goods manufactured and cleared. The Tribunal emphasized that penalties can only be imposed on a person, whether juristic or natural, and not on the successor entity. Therefore, the recovery of penalty from the successor company, M/s. Havells India Limited, was set aside.

The Tribunal's decision was based on the principle that penalties cannot be fastened on a successor company for the liabilities of a dissolved company. As the appellant company ceased to exist post-dissolution, the penalty could not be enforced against the successor entity. The judgment clarified that penalties are imposed on persons and not on entities that no longer legally exist. Consequently, the recovery of the penalty from M/s. Havells India Limited was deemed untenable.

In conclusion, the Tribunal confirmed the demand along with interest but set aside the penalty imposed on M/s. Standard Electricals Limited, ruling that it could not be recovered from the successor company, M/s. Havells India Limited. The appeal was disposed of based on these findings, highlighting the legal principle that penalties are linked to individuals and cannot be transferred to entities succeeding a dissolved company.