2003 (10) TMI 213 - AT - Central Excise

Summary

Issues:
1. Duty calculation and imposition
2. Suppression of facts by the assessee
3. Penalty and interest imposition
4. Appeal against the Commissioner's decision

Duty Calculation and Imposition:
The appeal was filed by the Revenue against the Order-in-Appeal remanding the matter for re-calculation of duty. The assessee was engaged in manufacturing dutiable goods and had cleared goods over the exemption limit without paying duty. The original authority demanded duty, imposed penalties, and interest. The Commissioner partially allowed the appeal, reducing the penalty. The Revenue appealed against this decision.

Suppression of Facts by the Assessee:
The Revenue argued that the assessee cleared goods without paying duty, suppressing facts from the department. The assessee claimed they believed the goods were non-dutiable, paid duty voluntarily, and did not deliberately hide facts. The Commissioner found no suppression of facts by the assessee.

Penalty and Interest Imposition:
The original authority imposed penalties and interest on the assessee for duty evasion. The Commissioner reduced the penalty, considering the circumstances and absence of deliberate suppression of facts by the assessee. The Tribunal upheld the Commissioner's decision, stating there was no mala fide intention to evade duty, and penalties could not be demanded.

Appeal Against the Commissioner's Decision:
After considering submissions from both sides, the Tribunal found that the assessee had voluntarily paid the duty before the show cause notice was issued. The Tribunal agreed with the Commissioner that there was no suppression of facts by the assessee, and penalties could not be imposed. The Tribunal upheld the Commissioner's decision and dismissed the Revenue's appeal, stating it lacked merit.