9911796707
|
Home
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2024 (6) TMI 754 - AT - Central ExciseLevy of personal penalty u/r 26(1) of the Central Excise Rules, 2002 - Clandestine removal - non-accounting and clearance of the goods without payment of duty - non-maintenance of proper accounts relating to receipt and consumption of raw materials such as iron ore, coal, etc., during the relevant period - HELD THAT - The allegation was levelled against the company on the basis of input output norms and other factors by calculating the duty on theoretical basis. Besides this, personal penalty imposed on the appellant is solely on the ground that he was the Director of the company and in-charge of the day-to-day affairs in running the company. This Tribunal in the case of M/S MITTAL PIGMENT PVT. LTD. VERSUS CCE, JAIPUR 2016 (9) TMI 1016 - CESTAT NEW DELHI held that in the absence of sufficient evidence, imposition of penalty on the Director merely being in-charge of the company cannot be sustained. Also, it is found that in the show-cause notice, there has been no proposal nor any allegation indicating that the goods which were cleared are liable for confiscation. Thus, imposition of personal penalty under Rule 26(1) on the appellant is unsustainable in law and liable to be set aside. The appeal is allowed.
Issues:
- Appeal against imposition of personal penalty under Rule 26(1) of Central Excise Rules, 2002. - Abatement of appeal filed by the manufacturing company. - Allegations of non-accounting and clearance of goods without payment of duty. - Lack of evidence against the appellant's personal involvement in alleged activities. - Interpretation of Rule 26(1) requirements and applicability. - Justification of penalty imposed solely based on directorship. Analysis: The judgment by the Appellate Tribunal CESTAT Bangalore involved an appeal against the imposition of a personal penalty under Rule 26(1) of the Central Excise Rules, 2002. The case revolved around the appellant, who was the Director of a manufacturing company engaged in the production of sponge iron and steel billets. The company faced allegations of manufacturing and clearing excisable goods without payment of duty, leading to the imposition of a substantial penalty and personal liability on the appellant. The appellant challenged the penalty, arguing that the abatement of the appeal filed by the manufacturing company extinguished the liability, rendering the penalty against the appellant unjustified. The appellant contended that the allegations against the manufacturing company were based on non-accounting and clearance of goods without payment of duty due to improper maintenance of accounts. The appellant emphasized that without proper adjudication of the company's actions, imposing a personal penalty on the appellant would be futile. The appellant cited legal precedents and judgments to support the argument that Rule 26(1) could not be invoked without satisfying specific requirements and without evidence of personal involvement in the alleged activities. Furthermore, the appellant argued that there was a lack of concrete evidence linking the appellant to the alleged activities, with evidence suggesting that the goods in question were not manufactured and cleared by the company. The appellant highlighted that being a Director did not automatically warrant the imposition of a penalty under Rule 26(1). Legal references and a previous Tribunal judgment were cited to support this contention. In contrast, the Authorized Representative for the Revenue supported the findings of the Commissioner, emphasizing the allegations against the manufacturing company and the basis for imposing the penalty on the appellant. After hearing both sides and examining the records, the Tribunal concluded that the penalty imposed on the appellant was not justified. The Tribunal found that the absence of sufficient evidence linking the appellant to the alleged activities, combined with the lack of proposals for confiscation of goods, rendered the imposition of a personal penalty unsustainable in law. Citing relevant legal judgments, the Tribunal allowed the appeal and set aside the penalty imposed on the appellant, providing consequential relief as per the law.
|
