2009 (7) TMI 1140 - AT - Central Excise

Summary

Issues involved: Determination of penalty u/s Rule 25 of the Central Excise Rules, 2002 for short payment of duty and education cess due to non-inclusion of value of exempted products in aggregate value of clearances.

Summary:

Issue 1: Short payment of duty and education cess
The appellants, engaged in manufacturing excisable goods, availed benefit under an exemption Notification. A Show Cause Notice was issued for short payment of duty and education cess due to non-inclusion of value of exempted products in the aggregate value of clearances. The Adjudicating Authority confirmed the demand and imposed a penalty under Rule 25 of the Central Excise Rules, 2002. The appellant appealed, and the Commissioner (Appeals) upheld the penalty but reduced it due to prior discharge of duty liability and interest. The appellant challenged the penalty before the Tribunal.

Issue 2: Imposition of penalty
The appellant contended that the non-inclusion of exempted products' value was a bona fide error without intent to evade duty payment. The Range Superintendent's intervention led to the discharge of duty liability and interest. The appellant sought setting aside of the penalty. The SDR supported the penalty imposition, citing the violation of provisions by the appellant.

Judgment:
After considering submissions and records, the Tribunal deliberated on whether the appellant should be penalized u/s Rule 25 of the Central Excise Rules, 2002. The Tribunal noted the appellant's status as a Small Scale Industry and the genuine error in excluding exempted goods' value from clearances. Referring to a relevant case precedent, the Tribunal found in favor of the appellant. The Tribunal set aside the penalty upheld by the Commissioner (Appeals) and allowed the appeal.