2006 (9) TMI 186 - HC - Central Excise

Summary

Issues:
1. Imposition of penalty under Section 11AC of the Central Excise Act, 1944.
2. Levying interest under Section 11AB in cases under the purview of explanation to sub-section (2B) of Section 11A.

Imposition of Penalty under Section 11AC:
The case involved a situation where the assessee was clearing parts of washing machines to its branches/service centers at the actual cost of spares, leading to a short levy of excise duty. The assessee voluntarily debited the amount of short levy with interest. The issue raised was whether penalty under Section 11AC should be imposed on the assessee. The Tribunal had set aside the penalty imposed by the adjudicating authority, stating that since the duty had been paid before the issuance of the show cause notice, the imposition of penalty was not justified. The High Court reiterated that penalty under Section 11AC is leviable only if there is mens rea on the part of the assessee. The court referred to a previous judgment highlighting that mere deposit of short levied duty before the show cause notice may not be conclusive, but if there was no intention to evade, penalty is not attracted. The court further cited judgments emphasizing the requirement of mens rea for the imposition of penalties, ultimately dismissing the appeal as no element of mens rea was found on the part of the assessee.

Levying Interest under Section 11AB:
In addition to the penalty issue, the case also dealt with the levying of interest under Section 11AB in cases falling under the purview of the explanation to sub-section (2B) of Section 11A. The assessee in this case had been receiving inputs from small scale manufacturers at a concessional rate of Central Excise duty, resulting in a short levy. The assessee voluntarily debited the said duty with interest. The Commissioner (Appeals) upheld the demand of duty with interest, which was confirmed by the adjudicating authority. However, the Tribunal set aside the penalty, emphasizing that the duty had been paid prior to the issuance of the show cause notice. The High Court, after considering the arguments, found no element of mens rea on the part of the assessee. The court referred to established judgments highlighting the necessity of mens rea for imposing penalties, ultimately leading to the dismissal of the appeal.

In conclusion, the High Court dismissed the appeal, as no substantial question of law arose from the case. The judgment emphasized the requirement of mens rea for the imposition of penalties under Section 11AC of the Central Excise Act, 1944, and highlighted the importance of intention to evade duty in such cases. The decision also reiterated the significance of mens rea in penalty imposition, drawing on previous legal precedents to support the dismissal of the appeal.