2007 (3) TMI 280 - HC - Central Excise

Summary

Issues involved: Reduction of mandatory penalty imposed under Rule 96ZO(3) of the Central Excise Rules, 1944 by the Tribunal.

Summary:
The case involved the respondent, a manufacturing company engaged in producing M.S. Ingot, who short paid excise duty amounting to Rs. 10,00,000/- within the stipulated time limit. The Addl. Commissioner confirmed the duty demand and imposed a penalty of Rs. 35 Lakhs along with interest. The respondent appealed to the Commissioner (Appeals) and then to the Customs, Excise and Service Tax Appellate Tribunal, which reduced the penalty to Rs. 2 Lakhs.

The Tribunal held that the penalty equal to duty is not mandatory unless there is mens rea involved. As the respondent had already paid the entire duty amount with interest, the Tribunal was justified in reducing the penalty. The Tribunal's decision was supported by a previous ruling of the Supreme Court in Union of India v. Supreme Steels and General Mills (2001).

The High Court, after hearing the arguments and examining the records, upheld the Tribunal's decision to reduce the penalty under Rule 96ZO(3) of the Central Excise Rules, 1944. The Court found no grounds to interfere with the Tribunal's order and dismissed the reference with no costs awarded.