2014 (1) TMI 1563 - AT - Central Excise

Penalty u/s 11AC - Under valuation of goods - Appellants had cleared two consignments under the same serial number of the invoice and accounted for only one consignment in respect of each invoice - Held that - ingredients contemplated for imposition of mandatory penalty under Section 11AC are in existence and therefore prima facie penalty under Rule 25 of Central Excise Rules could have been imposed. Total duty involved may be around Rs.13 lakhs on the goods and redemption fine of more than Rs.21.65 lakhs has been imposed for redeeming the goods, in my opinion, if the appellant deposits an amount of Rs.2/- lakhs that should be sufficient as pre-deposit for the Commissioner (A) to hear the appeal - Commissioner (A) is requested to hear the appeal and decide the issue on merits after noting compliance with the requirement of pre-deposit - Decided against assessee.

Summary

Issues:
1. Excess stock of TMT bars found during an officer's visit.
2. Clearance of two consignments under the same serial number.
3. Confiscation of goods, penalty, and redemption fine imposed.
4. Rejection of appeal for failure to comply with pre-deposit requirements.
5. Interpretation of penalty under Rule 25 of Central Excise Rules.
6. Requirement of pre-deposit for hearing the appeal.

Analysis:
1. The officers found an excess stock of TMT bars during a visit to the appellant's unit, leading to the initiation of proceedings due to discrepancies in stock maintenance and clearance of consignments under the same serial number. The original adjudicating authority confiscated the seized goods and imposed a fine of Rs.21,65,500/- along with a penalty of Rs.5 lakhs under Rule 25 of Central Excise Rules, 2002.

2. The Commissioner (A) directed the appellants to deposit the entire penalty amount of Rs. 5 lakhs as a pre-deposit for hearing the appeal. However, the appellants failed to comply, resulting in the rejection of the appeal due to non-compliance with pre-deposit requirements.

3. The appellants argued that the penalty under Rule 25 cannot be invoked merely for excess stock without meeting the conditions of Section 11AC. They relied on a decision by the Hon'ble High Court of Gujarat, emphasizing the need for the existence of Section 11AC provisions for invoking Rule 25 penalties.

4. The learned AR contended that the excess stock and unaccounted clearances indicated a deliberate attempt to evade duty, satisfying the requirements of Section 11AC. The presence of a duplicate invoice and other discrepancies supported the imposition of penalties under Rule 25.

5. The tribunal agreed with the learned AR's submissions, acknowledging the existence of Section 11AC conditions in the case, justifying the potential imposition of penalties under Rule 25 for deliberate evasion of duty.

6. Considering the financial difficulties of the appellants and the duty involved, the tribunal directed a reduced pre-deposit amount of Rs.2 lakhs for hearing the appeal, emphasizing the need for compliance within a specified timeframe to proceed with the appeal on its merits.

Overall, the judgment addressed the issues of excess stock, clearance discrepancies, penalty imposition, pre-deposit requirements, and the interpretation of relevant legal provisions to ensure fair adjudication of the case.