2003 (9) TMI 236 - AT - Central Excise

Summary

Issues: Appeal against Order-in-Appeal upholding duty demand and penalty imposition under Rule 173Q.

Analysis:
1. Duty Payment Default: The appellant, a manufacturing company, availed the facility of paying duty on a fortnightly basis under Rule 49 read with Rule 173G. However, due to previous defaults in timely payments, the lower authority directed them to pay duty consignment-wise through account current. The appellant used Cenvat credit to pay duty instead of following the prescribed method, leading to a violation of the rules. The tribunal noted that the defaulter forfeits the fortnightly payment facility and is prohibited from using Cenvat credit during the specified period. The order of the lower authorities in demanding duty through account current was deemed legal and proper based on a harmonized reading of the relevant rules.

2. Modvat Credit Re-Crediting: The appellant requested permission to re-credit the Modvat credit already debited if they could prove that the duty was paid in cash or through PLA. The tribunal allowed this request to address any doubts or apprehensions on the part of the assessee. This decision aimed to ensure compliance with the duty payment regulations while providing a mechanism for rectification in case of genuine errors or misunderstandings.

3. Penalty Imposition: The appellant also sought a reduction in the penalty imposed under Rule 173Q. The Commissioner (Appeals) had already reduced the penalty to Rs. 30,000, which was considered reasonable by the tribunal. The tribunal declined to interfere with the penalty reduction decision, affirming the Commissioner's order on both duty and penalty. This stance aimed to maintain consistency and fairness in penalty assessments while upholding the regulatory framework for duty payment and compliance.

4. Final Decision: The tribunal upheld the Order-in-Appeal that sustained the duty demand and penalty imposition, rejecting the appeal filed by the appellant. By maintaining the lower authorities' decisions, the tribunal aimed to ensure adherence to duty payment regulations, uphold penalties proportionate to the violations, and provide clarity on the permissible modes of duty payment and credit utilization. The operative portion of the order was pronounced in Open Court on 26-9-2003, finalizing the judgment on the matter.