Home Case Index All Cases Central Excise Central Excise + AT Central Excise - 2017 (3) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2017 (3) TMI 723 - CESTAT NEW DELHIClandestine removal - removal of finished goods under cover of parallel invoices and without debiting duty shown on such invoices - Held that: - the contents of dispatch register, recovered lorry receipts, statement of Shri R.K. Bhadoria irrefutably supports the Revenue’s stand that the subject goods were cleared without payment of Central Excise duty of ₹ 6,45,427/-. The assessee debited the said duty on 30.4.2002 voluntarily - there is no scope to interfere with the impugned order in this regard. Consequently, the confirmation of this demand of duty of ₹ 6,45,427/- along with interest and imposition of equivalent penalty on the assessee is hereby sustained. Shortage of 325.783 MT of MS Ingots and Blooms in the stock of the assessee appellant in comparison with the stock maintained in the daily stock account as on 30..4.2002 - demand - assessee appellant’s argument is that the stock was ascertained on eye estimation basis and there was no actual weighment - Held that: - there has been physical accounting of the Blooms and Ingots with proper multiplication with the average weight of such Bloom and Ingots, which was recorded in the Panchnama dated 30.4.2002. In the impugned order, it is mentioned that this is the practice followed in the steel industry and was accepted by the assessee - there is no scope to interfere with the impugned order in this regard, the demand of Central Excise duty of ₹ 4,95,738/- along with interest and imposition of equivalent penalty confirmed by the impugned order is hereby sustained. Imposition of penalty u/r 173Q of CER 1994 / Rule 25 of CER, 2001/2002 - Held that: - It will not be reasonable to further punish the assessee by imposing a high penalty of ₹ 50 lakhs, when mandatory penalty to the tune of over rupees one and half crores (precisely ₹ 1,51,44,426/-) has already been imposed. Therefore, considering totality of facts and circumstances, we reduce the said penalty of ₹ 50 lakhs to 10% of the duty evaded which comes to ₹ 15,14,422/- (10% of confirmed duty demand of ₹ 1,51,44,426/-) and the same would be payable accordingly by the appellant–assessee. Appeal disposed off - decided partly in favor of appellant.
|