Home Case Index All Cases Central Excise Central Excise + AT Central Excise - 2019 (2) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2019 (2) TMI 851 - AT - Central ExciseBenefit of reduced penalty - short-payment of Central Excise duty by not adopting valuation as per Section 4A of Central Excise Act, 1944 - automotive glass cleared to certain customers in packaged condition during the period September 2009 to November 2013 - penalty on Director of the Company - Held that:- Both the authorities have not considered the amendment which was effected in 2015 by Finance Bill 2015 wherein the provisions with regard to payment of reduced penalty of 15% was introduced. Further, in the present case, the Deputy Commissioner passed the Order-in-Original on 30/06/2015 whereas the reduced penalty equivalent to 15% of duty was paid by the appellant on 01/06/2015 which was well within a period of 30 days from the passing of the Finance Act, 2015 on 14/05/2013. Therefore in view of the amended provision, the appellant was entitled to the benefit of reduced penalty. Penalty on Director of the Company - Held that:- Once the proceedings against the main noticee i.e. the company are concluded on payment of reduced penalty of 15%, the proceedings against the co-noticee stands concluded. Impugned order set aside by allowing the appeals of the appellants insofar as the imposition of penalty in excess of reduced penalty of ₹ 46,923/- already paid and personal penalty of ₹ 1 lakh on the Director - appeal allowed.
|