2013 (2) TMI 167 - AT - Central Excise

Discrepancy in Daily Stock Account Register - Duty demand with interest & penalty theron - assessee claimed the benefit of 25% of reduced penalty u/s 11AC as they have paid the entire amount of dues along with interest within 30 days from the date of communication of the order - Held that - The order was issued by the Adjudicating Authority on 31.8.2009 and the Corrigendum was issued later on 23.10.2009 making certain corrections on the amount of duty confirmed in the said order. Therefore, the date of Corrigendum i.e. 23.10.2009, should be taken as the relevant date for computing 30 days for availing the benefit of reduced penalty as prescribed under Section 11AC The appellants claimed that they had paid all outstanding dues on 7.10.09 & 4.11.09, hence, in the interest of justice, it is necessary to remand the matter to the adjudicating authority to ascertain whether the entire amount of dues were paid within 30 days from the date of issue of Corrigendum i.e. on 23.10.2009 - in favour of assessee by way of remand.

Summary

Issues:
1. Calculation of reduced penalty under Section 11AC of the Central Excise Act, 1944 based on payment timeline.
2. Consideration of the date of corrigendum for computing the 30-day period to avail the benefit of reduced penalty.

Analysis:
1. The appellant contested the rejection of their appeal by the ld. Commissioner (Appeals) regarding the reduced penalty under Section 11AC. The Department had issued a show-cause cum demand notice, demanding duty and imposing penalties based on discrepancies in the Daily Stock Account Register. The adjudicating authority confirmed the demand, and a corrigendum was later issued rectifying errors in the order. The appellant made partial payments and claimed the benefit of reduced penalty under Section 11AC for paying the entire confirmed dues with interest within 30 days from the original order. The appellant argued that the date of the corrigendum should be considered for the 30-day calculation.

2. The Tribunal analyzed the timeline of events, noting the order issued on 31.8.2009 and the corrigendum on 23.10.2009. The Tribunal agreed with the appellant that the date of the corrigendum should be the relevant date for computing the 30-day period to avail the reduced penalty under Section 11AC. Considering that the appellant claimed to have paid all outstanding dues by 4.11.2009, the Tribunal decided to remand the matter to the adjudicating authority. The adjudicating authority was tasked with verifying if the entire dues were paid within 30 days from the corrigendum date. If confirmed, the appellant would be entitled to the 25% reduced penalty as per Section 11AC. Consequently, the Tribunal set aside the ld. Commissioner (Appeals) order and remitted the case back for further consideration, emphasizing the need for a fair hearing for the appellant.

This judgment clarifies the importance of the timeline for payment in determining the eligibility for reduced penalties under Section 11AC of the Central Excise Act, 1944. It highlights the significance of considering the date of any corrections or corrigendum in such calculations and emphasizes the principle of providing a fair opportunity for parties to present their case.