2022 (11) TMI 1000 - AT - Central Excise

Levy of Equivalent penalty u/s 11AC - entire duty amount and interest thereon has been paid by the appellant prior to issuance of any show cause notice(by own or by being pointed out) - HELD THAT - Admittedly and undisputedly the entire duty amount and interest thereon has been paid by the appellant prior to issuance of any show cause notice either on their own ascertainment or on being pointed out by the revenue during the course of audit. In the case where the appellant has paid the entire amount of duty due along with the interest thereon, the central excise officer could not have proceeded to any notice in respect of the payment so made demanding the duty so paid. Appeal allowed - decided in favor of appellant.

Issues:
1. Imposition of penalty equivalent to confirmed duty in the impugned order.
2. Adjudication of show cause notice regarding central excise duty, interest, and penalty.
3. Appeal against the order in original and subsequent appeal by the revenue.
4. Consideration of penalty under Section 11AC of the Central Excise Act, 1944.
5. Application for change of cause title and its allowance.

Issue 1: Imposition of Penalty
The appellant was observed to issue supplementary invoices without paying interest on the duty discharged. The revenue issued a show cause notice demanding duty amounts, interest, and penalty. The original authority did not impose a penalty under Section 11AC, citing the payment of duty and interest by the appellant before the notice. Referring to case law, the authority held that the case fell under Section 11A(2B) of the Act, exempting penalty. The Commissioner (Appeals) allowed the revenue's appeal, arguing that penalties should be imposed due to delayed payment of interest and short payment of duty over several years.

Issue 2: Adjudication of Show Cause Notice
The show cause notice raised demands for central excise duty, interest, and penalty. The Additional Commissioner confirmed the demands but did not impose a penalty under Section 11AC, considering the appellant's proactive payment of duty and interest. The revenue appealed this decision, contending that penalties should be imposed due to the appellant's delayed interest payments and short payment of duty.

Issue 3: Appeal Process
The revenue appealed to the Commissioner (Appeals) against the original order, seeking the imposition of penalties under Section 11AC. The Commissioner allowed the appeal, emphasizing the appellant's delayed interest payments and short payment of duty over multiple years. Subsequently, the appellant filed an appeal against this decision.

Issue 4: Consideration of Penalty under Section 11AC
The original authority did not impose a penalty under Section 11AC, noting the appellant's payment of duty and interest before any show cause notice. The Commissioner (Appeals) disagreed, highlighting the appellant's delayed interest payments and short payment of duty, arguing that penalties should be imposed under Section 11AC.

Issue 5: Application for Change of Cause Title
The appellant filed a miscellaneous application for a change of cause title, which was supported by relevant certificates from the Registrar of Companies. The application was allowed by the tribunal.

This detailed analysis of the judgment covers the issues involved in the case, the arguments presented by both parties, the decisions made by the authorities, and the legal principles applied in reaching those decisions.

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