2018 (3) TMI 1546 - AT - Central Excise

Closure of proceedings - Section 11 AC (d) of CEA - whether the appellant is entitled to benefit of the provisions of amended Section 11AC of Central Excise Act, 1944, as amended vide Finance Act, 2015, which was passed on 14-15/05/2015? - Held that - the provision of Section 11AC are very clear and there is no ambiguity. The second proviso for conclusion of all proceedings comprised in a show cause notice, if duty, interest and penalty as prescribed are paid within the stipulated period of 30 days from the date of communication of the show cause notice - there is no merit in Revenue s appeal - appeal dismissed - decided against Revenue.

Issues Involved:
1. Applicability of amended Section 11AC of the Central Excise Act, 1944.
2. Confiscation of goods and imposition of redemption fine.
3. Imposition of additional penalties under Rule 25 of Central Excise Rules, 2002.
4. Entitlement of credit for duty-paid goods returned to the factory.

Issue-wise Detailed Analysis:

1. Applicability of Amended Section 11AC of the Central Excise Act, 1944:
The core issue was whether the appellant was entitled to the benefits under the amended Section 11AC of the Central Excise Act, 1944, effective from 14/05/2015. The appellant had paid the duty demand along with 15% penalty within the stipulated period, seeking closure of proceedings. The adjudicating authority acknowledged the applicability of the amended Section 11AC but continued with the adjudication due to the involvement of confiscation of goods. The Commissioner (Appeals) held that the amended Section 11AC applies, and all proceedings should be deemed closed upon payment of duty, interest, and 15% penalty, as per the statute's clear language. The Tribunal affirmed this view, stating that the provisions of Section 11AC are unambiguous and mandate the closure of all proceedings in the show cause notice upon such payment.

2. Confiscation of Goods and Imposition of Redemption Fine:
The adjudicating authority ordered the confiscation of seized goods and imposed a redemption fine of ?10,00,000 for the goods and ?50,000 for the vehicle. The Commissioner (Appeals) found this imposition unwarranted under the amended Section 11AC, as the proceedings should have been closed upon payment of the duty, interest, and penalty. However, for the excess stock of finished goods found during the search, which was not covered by the duty demand, the confiscation and a reduced redemption fine of ?15,000 were upheld.

3. Imposition of Additional Penalties under Rule 25 of Central Excise Rules, 2002:
The adjudicating authority imposed an additional penalty of ?5,00,000 under Rule 25 of the Central Excise Rules, 2002. The Commissioner (Appeals) ruled that no further penalties should be imposed beyond the 15% penalty already paid under the amended Section 11AC. For the excess stock of finished goods, a reduced penalty of ?10,000 was deemed appropriate, considering the value involved.

4. Entitlement of Credit for Duty-Paid Goods Returned to the Factory:
The appellant contended that duty-paid goods brought back to the factory should be allowed as credit to avoid double taxation. The Commissioner (Appeals) allowed this plea, permitting the appellant to take credit for the duty paid on the returned goods, provided they follow the stipulated procedure for accounting and further duty payment on removal as per Rule 26 of the Central Excise Rules, 2002.

Conclusion:
The Tribunal dismissed the Revenue's appeal, affirming that the amended Section 11AC mandates closure of all proceedings upon payment of duty, interest, and 15% penalty within the stipulated period. The additional redemption fine and penalties imposed were set aside, except for the reduced amounts applicable to the excess stock of finished goods. The appellant was also entitled to credit for duty-paid goods returned to the factory, subject to compliance with procedural requirements.

Order Pronounced:
(Order pronounced in the open court on 28/02/2018)

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