1998 (2) TMI 180 - AT - Central Excise

Summary

Issues:
1. Revocation of Certificate of Registration for breach of provisions of Rule 57GG of the Central Excise Rules, 1944.
2. Quantum of penalty imposed on the appellant firm.
3. Adjustment of penalties against the seized amount and the refund of interest earned on the seized money.

Analysis:

1. The primary issue in this case was whether the Certificate of Registration could be revoked by the Commissioner of Central Excise for breaching Rule 57GG of the Central Excise Rules, 1944. The judgment referred to previous decisions, including one in the case of M/s. Goel Industries and M/s. Shree Bishanlal Iron Works, where the Order of Revocation of the Certificate of Registration was set aside. Following the same precedent, the Order of Revocation in the present case was also set aside, ruling in favor of the appellant.

2. The next contention focused on the quantum of penalty imposed on the appellant firm for the breach of Rule 57GG. The appellant argued that the penalty of Rs. 35,000.00 was disproportionate compared to penalties imposed in similar cases by the same Commissionerate. The Tribunal agreed that penalties for similar breaches should be uniform to avoid discrimination. Considering the penalty sustained in a previous case, the penalty on the appellant was reduced to Rs. 2,500.00 to maintain consistency.

3. Another issue raised was regarding the seized amount of Rs. 3,95,000.00, which was found not liable for confiscation. The Commissioner ordered the release of this amount but adjusted two penalties totaling Rs. 70,000.00 from it and refunded the rest to the dealers. The appellant contended that the interest earned on the seized amount, which was kept by the authorities, should also be refunded since the entire amount was not confiscable. The Tribunal agreed that once the seized amount was not liable for confiscation, the authorities had no right to retain the interest earned on it. Therefore, the interest earned on the appellant's money should also be refunded, concluding the appeal in this manner.