2014 (2) TMI 1098 - HC - Central Excise

Penalty u/s 11AC read with Rule 25(1) - Suppression of facts - Willful misstatement or fraud or evasion of duty - Held that - The Commissioner came to the finding that there was no willful misstatement or fraud or any contravention or any evasion of duty nor was there any suppression of fact. The aforesaid view of the Commissioner was upheld by the learned Tribunal. The question whether there has been any willful misstatement or fraud or any contravention or any evasion of duty or there is any suppression of fact are essentially questions of fact. These questions are concluded by the views expressed by the learned Tribunal. There is no question of law involved in this appeal - Decided against Revenue.

Summary

Issues:
- Imposition of penalty under Rule 25 of the Central Excise Rules, 2002 without compliance of Section 11AC
- Challenge to the findings of the Commissioner regarding willful misstatement, fraud, contravention, evasion of duty, and suppression of facts
- Dismissal of the appeal of the Revenue based on the third Member's views

Imposition of Penalty under Rule 25 without Compliance of Section 11AC:
The judgment revolves around the imposition of a penalty under Rule 25 of the Central Excise Rules, 2002 without complying with the provisions of Section 11AC. The third Member, in an earlier order, opined that penalty cannot be imposed in the case due to the absence of willful misstatement, fraud, evasion of duty, or suppression of facts. The Ld. Advocate argued that the Department did not challenge these findings, and the provisions of Section 11AC are para-materia to Rule 25, thus penalty was not imposable. The Judicial Member also supported this view, leading to the dismissal of the Revenue's appeal.

Challenge to the Findings of the Commissioner:
The Commissioner found no willful misstatement, fraud, contravention, evasion of duty, or suppression of facts in the case. This finding was upheld by the learned Tribunal. The Judicial Member emphasized that without complying with Section 11AC, the penalty under Rule 25 is not imposable. As the Department did not challenge the Commissioner's findings, it was established that penalty could not be imposed based on the facts and circumstances of the case.

Dismissal of the Appeal of the Revenue:
The appeal of the Revenue was dismissed based on the views of the third Member, who concurred that there was no basis for imposing a penalty considering the lack of willful misstatement, fraud, or evasion of duty. The Court held that the questions regarding misstatement, fraud, contravention, evasion of duty, and suppression of facts were factual in nature and had been concluded by the Tribunal's views. Consequently, the Court found the appeal to be without merit and dismissed both the appeal and the application.

The judgment underscores the importance of complying with statutory provisions before imposing penalties and highlights the significance of factual findings in determining the imposition of penalties under the Central Excise Rules.