2007 (7) TMI 317 - HC - Central Excise

Summary

Issues:
Imposition of penalty under Section 11AC of the Central Excise Act, 1944.

Analysis:
The case involved an application by the Revenue - Commissioner, Central Excise & Customs, Indore under Section 35-H(1) of the Central Excise Act, 1944, requesting the High Court to call for a reference on the question of whether the penalty under Section 11AC of the Act would be equal to the amount of duty payable by the assessee in cases involving fraud, collusion, wilful misstatement, suppression of facts, or contravention of any provisions with intent to evade payment of duty. The Tribunal had initially upheld the penalty imposed on the assessee but reduced it to Rs. 25,00,000 considering the facts and circumstances of the case.

The Commissioner of Central Excise & Customs was dissatisfied with the reduced penalty and sought reference from the Tribunal to the High Court. However, the Tribunal declined to make a reference, stating that no substantial question of law arose for reference. The High Court, after hearing both parties and examining the case record, concluded that there was no referable question of law arising from the Tribunal's order. The High Court noted that the Tribunal had upheld the penalty in principle but had reduced it to Rs. 25,00,000 in the interest of justice and in accordance with applicable laws. The High Court determined that the issue at hand was primarily a question of fact regarding the Tribunal's exercise of discretion in reducing the penalty amount, which was substantial.

Ultimately, the High Court found the application seeking reference to be devoid of merits and dismissed it. The High Court emphasized that the matter did not involve any substantial question of law capable of being referred to the Court for consideration. The decision highlighted that the Tribunal's action in reducing the penalty amount was based on discretion and considerations of justice, rather than a legal issue warranting further review by the High Court.