2010 (7) TMI 236 - HC - Central Excise

Case referred back to the Tribunal- Assessing Authority imposed interest and penalty on the assessee. On appeal, the Tribunal set aside the levy of interest and penalty following judgment of the Tribunal in CCE, Aurangabad v. M/s Rucha Engineering Pvt. Ltd. High court dismissed appeal of the revenue. Hon ble Supreme Court referred case back to High Court. The revenue pointed out that judgment of the Tribunal in CCE, Aurangabad v. M/s Rucha Engineering Pvt. Ltd had been disapproved by the Hon ble Supreme Court. Assessee pleaded that proceedings by invoking extended period of limitation were not justified and in absence of mens rea, penalty could not be levied. High court declined to give any opinion on the question of limitation and quantification and directed to go back to Tribunal.

Issues:
1. Appeal by Revenue under Section 35(G) of the Central Excise Act, 1944 against order dated 12.3.2008.
2. Allegation of failure to pay interest as per Central Excise Rules, 2002 by the assessee.
3. Tribunal setting aside levy of interest and penalty based on a previous judgment.
4. Appeal to the Hon'ble Supreme Court leading to remand for fresh decision.
5. Arguments regarding liability of interest and penalty.
6. Justification of proceedings invoking extended period of limitation.
7. Question of penalty levying in absence of mens rea.
8. Tribunal's decision based on a disapproved judgment.
9. Remand of the matter for fresh decision on merits.

Analysis:
1. The appeal before the High Court was filed by the Revenue under Section 35(G) of the Central Excise Act, 1944, challenging the order of the Customs, Excise & Service Tax Appellate Tribunal, New Delhi dated 12.3.2008. The issue revolved around the alleged failure of the assessee, engaged in the manufacture of rubber tyres, to pay interest as per the Central Excise Rules, 2002, resulting in the imposition of a penalty by the original authority.

2. The Tribunal had initially set aside the levy of interest and penalty based on a judgment in a previous case involving M/s Rucha Engineering Pvt. Ltd. However, the Revenue appealed this decision, leading to the matter being remanded by the Hon'ble Supreme Court for a fresh decision in light of other judgments, including Commissioner of Central Excise v. SKF India Ltd. and MRF Ltd. v. Collector of Central Excise, Madras.

3. During the proceedings, the counsel for the Revenue argued that the liability of interest arises in cases of short levy as per the judgment in SKF India Ltd., which contradicted the Tribunal's previous decision. On the other hand, the counsel for the assessee contended that invoking the extended period of limitation was not justified, and penalty imposition without mens rea was unwarranted.

4. The High Court, considering the Supreme Court's judgment in SKF India Ltd., concluded that the Tribunal's decision could not be sustained. However, the Court refrained from expressing an opinion on the issues of limitation and quantification at that stage, as the Tribunal's decision was solely based on a disapproved judgment.

5. Consequently, the High Court set aside the impugned order and remanded the matter back to the Tribunal for a fresh decision on merits in accordance with the law. The parties were directed to appear before the Tribunal for further proceedings on a specified date, and the appeal was disposed of accordingly.

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