2008 (7) TMI 637 - AT - Central Excise

Summary

Issues:
1. Pre-deposit of balance penalty amount for appeal consideration.

Analysis:
The judgment by the Appellate Tribunal CESTAT, NEW DELHI addressed the issue of pre-deposit of balance penalty amount for appeal consideration. The appellant had already deposited the entire duty demand along with 25% of the penalty amount. The Tribunal noted that the penalty amount was deposited within the required timeframe as per the proviso to Section 11AC, which automatically reduces the penalty to the deposited amount. Therefore, the direction by the Commissioner (Appeals) to deposit the balance penalty amount was deemed unnecessary. The Tribunal found the disposal of the appeal for non-compliance by the Commissioner (Appeals) not in accordance with the law. Consequently, the Tribunal set aside the impugned order and remanded the matter to the Commissioner (Appeals) for a decision on merits without insisting on any further pre-deposit. The appeal and stay application were disposed of accordingly.

This judgment highlights the importance of compliance with statutory provisions regarding the deposit of penalty amounts within specified timeframes. It clarifies that if the penalty amount is deposited within the prescribed period, the penalty automatically gets reduced to that deposited amount as per the proviso to Section 11AC. The Tribunal emphasized the need for decisions to be in accordance with the law and set aside the order that required additional pre-deposit of penalty amount. The judgment ensures that the appellant is not burdened with unnecessary financial obligations and allows for a fair consideration of the appeal on its merits without any further pre-deposit requirements.