2008 (8) TMI 363 - HC - Central Excise

Summary

Issues involved:
The issue involves a petition filed by the Revenue under Section 35H(1) of the Central Excise Act, 1944, seeking a direction to the Tribunal for reference of a question of law regarding the applicability of a circular in a case where duty and penalty were levied on a company and its Director.

Summary:

1. Background:
The respondent assessee, a Director of M/s. Delta Insecticides, was held liable for penalty along with the company for evasion of duty. The company's case was settled under the Kar Vivad Samadhan Scheme, 1998, and the penalty against the respondent-assessee was reduced on appeal.

2. Tribunal's Decision:
The Tribunal set aside the penalty imposed on the respondent-assessee, citing the settlement of the company's case under the Kar Vivad Samadhan Scheme, 1998, as the reason for waiving off the penal action against the Director.

3. Revenue's Argument:
The Revenue contended that the benefit of the settlement under the Kar Vivad Samadhan Scheme, 1998, should not apply to the respondent-assessee. However, the Court found no merit in this argument as the company's settlement effectively resolved all liabilities, including penal actions, against the Director.

4. Court's Decision:
The Court dismissed the petition, stating that no question of law arose in the present case. The Tribunal's reliance on a previous order and the applicability of the circular were deemed valid in waiving off the penal action against the respondent-assessee.

In conclusion, the Court upheld the Tribunal's decision to set aside the penalty imposed on the Director of M/s. Delta Insecticides, based on the settlement of the company's case under the Kar Vivad Samadhan Scheme, 1998.