9911796707
|
Home
Issues:
1. Imposition of penalty on the petitioner for contravention of Central Excise Rules. 2. Liability of the petitioner as the President of the Association for the violations. 3. Interpretation of Rule 221 of the Central Excise Rules regarding liability. Detailed Analysis: Issue 1: The petitioner sought a writ of certiorari challenging the imposition of a penalty of Rs. 7,000/- on him by the Collector of Central Excise, Hyderabad, which was confirmed by higher authorities. The penalty was imposed for contravention of various provisions of the Central Excise Rules related to the removal of excisable goods without payment of duty, lack of proper documentation, and failure to maintain necessary accounts. The Collector found both the petitioner and the Association liable for penalties under Rule 173Q. The Central Board of Excise and Customs confirmed the penalty on the petitioner but set aside the penalty on the Association. Subsequently, the Government of India reduced the petitioner's penalty to Rs. 7,000/- and dismissed other revisions. Issue 2: The petitioner contended that as he was only the President of the Association, the penalty should apply to the company, not him personally. However, the Central Government argued that under Rule 221 of the Central Excise Rules, the petitioner, as a signatory to the declaration, was personally liable for penalties incurred by the corporation. The rule explicitly states that both the person signing the declaration and the corporation are liable for duties, penalties, and confiscations related to the business. Despite the corporation being exonerated from liability, the petitioner remained personally liable under the rule. Issue 3: The petitioner's counsel argued that since the corporation was absolved of liability, the petitioner should not be held accountable. However, Rule 221 clearly establishes the joint liability of the person signing the declaration and the corporation. The court upheld the authorities' findings that the excisable goods were removed in violation of the Excise Rules. No procedural irregularities or violations of natural justice were alleged or proven, leading to the conclusion that the penalty on the petitioner was legally justified. In conclusion, the court upheld the imposition of a penalty of Rs. 7,000/- on the petitioner for contravention of Central Excise Rules, emphasizing the joint liability of the individual signing the declaration and the corporation. The judgment highlighted the importance of compliance with excise regulations and the consequences of non-compliance, irrespective of the corporate structure or roles within an organization.
|
