2010 (2) TMI 555 - HC - Central Excise

Penalty and interest - respondent has already deposited the duty, even prior to the issuance of show cause notice Held that - job work done by the respondent was in the nature of repair work and hence the demand of penalty and interest is not sustainable -

Summary

Issues:
1. Impugning an order passed by the Customs, Excise & Service Tax Appellate Tribunal.
2. Liability to pay duty for job work undertaken.
3. Show cause notice issued by the Revenue demanding penalty and interest.
4. Appeal filed by the respondent before the Appellate Tribunal.
5. Questions of law framed by the Court.
6. Sustainability of penalty and interest demand on job work.
7. Interpretation of legal precedents regarding penalty and interest levies on repair work.
8. Adjudication on the imposition of penalty and interest.

Analysis:
The High Court dealt with the appeal where the revenue challenged the order passed by the Customs, Excise & Service Tax Appellate Tribunal, which set aside the Commissioner (Appeals) order. The respondent undertook job work and repair on materials received, paying duty on forgings supplied by a sister concern. The Revenue issued a show cause notice demanding penalty and interest, confirmed by the Adjudicating Authority and the Commissioner (Appeals). The Appellate Tribunal allowed the respondent's appeal, stating they were not liable to pay duty for the job work. The Court framed questions of law regarding the Tribunal's findings and the deposit of duty prior to the show cause notice.

The Appellate Tribunal held that the job work done was in the nature of repair work, making the penalty and interest demand unsustainable, citing legal precedents. The Court analyzed the judgments in relevant cases and concluded that no penalty or interest is leviable when a firm is solely engaged in repair work. Therefore, it was held that as the respondent was only doing job work in the nature of repair, no penalty or interest was applicable. The Court also upheld the Tribunal's finding that the duty was deposited before the show cause notice was issued.

In the final adjudication, the Court dismissed the appeal by the Revenue, stating that no penalty or interest should be imposed on the respondent due to the nature of the job work undertaken. The Court's decision was based on the legal principles established in previous cases and the specific circumstances of the present case.