2009 (7) TMI 1120 - Commissioner - Central Excise

Summary

Issues:
1. Failure to make payment electronically through internet banking.
2. Imposition of penalty under Rule 27 of Central Excise Rules.

Analysis:
1. The appellant failed to make payment electronically through internet banking as required by the Central Excise Rules. The appellant contended that the facility was not available at their bank until a certain date and even after that, technical issues persisted. The appellant argued that they preferred electronic payment due to its convenience and cost-effectiveness compared to manual methods involving demand drafts. The lower authority imposed a penalty of Rs. 20,000 for the contravention. However, during the hearing, it was highlighted that the maximum penalty under Rule 27 is Rs. 5,000. The appellant's representatives emphasized that the issue was a technical violation and pointed out a similar case where the penalty was set aside for the same reason.

2. The main issue was whether the appellant was liable to pay a penalty under Rule 27 for the failure to make electronic payments. The lower authority held that since the appellant did not provide reasons for not making payments electronically, they contravened the rules. However, the appellant argued that they were willing to pay electronically but faced technical challenges at their bank. They presented evidence of the bank's inability to accommodate electronic payments until a specific date. The appellate authority found that the appellant's failure to make electronic payments was due to circumstances beyond their control, such as the bank's technical issues. The authority concluded that the appellant did not commit any wrongdoing that warranted a penalty under Rule 27. Additionally, the authority questioned the basis for the Assistant Commissioner's imposition of a penalty of Rs. 20,000 when the maximum penalty specified was Rs. 5,000. Consequently, the appeal was allowed, and the penalty was set aside.

In conclusion, the judgment revolved around the appellant's failure to make electronic payments as required by the Central Excise Rules and the subsequent imposition of a penalty under Rule 27. The appellate authority found in favor of the appellant, ruling that the circumstances beyond their control justified the failure to comply with the electronic payment requirement, and the penalty imposed was unjustified and not in accordance with the specified maximum penalty.