2006 (11) TMI 208 - HC - Central Excise

Summary

Issues:
1. Interpretation of penalty under Section 11AC of the Central Excise Act, 1944 - whether mandatory or discretionary.
2. Application of duty exemption notification No. 67/95-C.E. on the consumption of fuel for electricity generation.
3. Consideration of intention to evade payment of duty in penalty imposition.
4. Applicability of judgments by the Hon'ble Supreme Court on public sector undertakings.

Analysis:
1. The appeal was filed against an order proposing a substantial question of law regarding the penalty under Section 11AC of the Central Excise Act, 1944. The Tribunal observed that the assessee consumed certain fuel without paying duty for generating electricity, which was used in their manufacturing unit. The Department issued a show cause notice to deny duty exemption under notification No. 67/95-C.E. The duty demand was confirmed, and a penalty was imposed, which was later reduced by the Tribunal based on the circumstances of the case.

2. The Tribunal upheld the duty imposition based on a previous judgment and reduced the penalty without specifically addressing the intention to evade payment of duty. The Revenue argued that the penalty under Section 11AC is mandatory and should be equal to the duty amount, citing a judgment by the court. However, the Tribunal did not find evidence of intentional evasion in this case, leading to a reduction in the penalty amount.

3. Considering the status of the assessee as a public sector undertaking, references were made to judgments by the Hon'ble Supreme Court regarding such entities. Despite the possibility of referring the matter to a Committee of Secretaries or remanding it to the Tribunal, the Court noted the absence of a finding on the intention to evade duty by the Tribunal. Given the previous judgment and the lack of substantial grounds in the appeal, the Court dismissed the appeal.

This judgment clarifies the interpretation of mandatory penalty provisions under the Central Excise Act, the application of duty exemptions, the consideration of intent in penalty imposition, and the treatment of public sector undertakings in duty-related matters.