2009 (7) TMI 984 - AT - Central Excise

Summary

Issues:
1. Appeal against duty confirmation and penalty reduction.
2. Applicability of provisos to Section 11AC.
3. Interpretation of penalty provisions.

Analysis:
1. The Tribunal's initial order confirmed duty of Rs. 31,568 and reduced the penalty to Rs. 8,000. The Revenue appealed to the Gujarat High Court, which remanded the matter back to the Tribunal for fresh decision in light of the law declared by the Supreme Court in a specific case. The High Court directed the Tribunal to consider the applicability of provisos to Section 11AC while reevaluating the case. The Tribunal, upon rehearing, upheld the penalty reduction based on the appellant's timely deposit of the penalty amount.

2. The Assistant Commissioner had imposed a penalty of Rs. 22,219, which the appellant paid within 30 days of the order. The Commissioner (Appeals) later enhanced the penalty to Rs. 9,349, which the appellant also paid within the stipulated time. The Tribunal considered the first and second provisos to Section 11AC, which state that if 25% of the penalty is paid within 30 days of the original or appellate order, the penalty amount shall be reduced by 25% of the duty amount. As the appellant had paid the full penalty within the specified period, the Tribunal upheld the penalty reduction based on the provisos.

3. The Tribunal's decision was based on the interpretation of penalty provisions under Section 11AC. By analyzing the timely payment of penalties by the appellant and the provisions of the law, the Tribunal concluded that the penalty reduction was warranted. The Tribunal disposed of the appeal in favor of the appellant, upholding the penalty reduction in alignment with the applicable legal provisions and precedents cited by the High Court and the Supreme Court.