2005 (2) TMI 707 - AT - Central Excise

Summary

Issues:
1. Appeal against penalty enhancement by Revenue.
2. Appeal for quashing penalty by assessee/appellants.

Analysis:
1. The appeals were filed against a common order-in-appeal. The Revenue appealed for the enhancement of the penalty imposed by the Commissioner (Appeals), while the assessee/appellants sought the quashing of the penalty imposed on them. The duty liability of the assessees was determined under Section 3A of the Central Excise Act based on the annual capacity of production. The Revenue raised a differential duty demand through a show cause notice due to non-payment of duty according to the annual capacity. However, the unit of the assessee was permanently closed on a specific date, and they informed the Revenue accordingly. As a result, the duty for only two months could be demanded from them, leading to a reduced short paid duty amount.

2. The learned Commissioner (Appeals) imposed a penalty on the assessees, which was challenged in the appeals. The tribunal found that the non-payment of the differential duty was not deliberate but a consequence of the permanent closure of the unit. Therefore, the penalty amount was reduced significantly from the initial imposition. The tribunal concluded that the penalty deserved to be reduced to Rs. 10,000 only, considering the circumstances of the case. Consequently, the appeal filed by the Revenue was dismissed, and the appeal filed by the assessee was partly allowed with the modified penalty amount. The decision was pronounced in the open court on a specific date.

This detailed analysis of the judgment highlights the issues involved, the legal reasoning applied by the tribunal, and the final decision regarding the penalty imposition and modification based on the specific circumstances of the case.