2010 (3) TMI 978 - AT - Central Excise

Summary

Issues:
Re-decision of two appeals as per High Court's order, payment of interest on delayed duty, imposition of penalty under Rule 96ZP and Section 11AC.

Re-decision of Appeals:
The Tribunal was directed by the High Court to re-decide two appeals, considering the Supreme Court decisions in UOI v. Dharamendra Textile Processors, UOI v. Rajasthan Spinning & Weaving Mills, and CCE, Pune v. SKF India Ltd. The matter was remitted back for re-decision based on the ratios of these Supreme Court decisions.

Payment of Interest on Delayed Duty:
The decision in SKF India Ltd. case concerning interest on delayed duty was noted. Both sides acknowledged that the lower appellate authority had directed payment of interest, which was not appealed against. The appellant's representative agreed that interest was payable as per the SKF India Ltd. decision, thus the Tribunal did not need to address this matter further.

Imposition of Penalty under Rule 96ZP and Section 11AC:
The issue of penalty arose from the re-determination of annual capacity under Rule 5 of the ACP Rules, resulting in a higher duty amount. The appellants had paid the initially fixed amount until the re-determination. Following a High Court stay and Commissioner's order, the enhanced duty was paid promptly after the order of 9-6-2003. The Tribunal found that Rule 96ZP requirements were not met as there was no delay in payment, and Section 11AC elements were absent. Therefore, the lower appellate authority's penalty imposition of Rs. 1,55,000 was deemed unjustified and set aside. The original authority's decision not to impose a penalty was upheld, and the appeal by the appellant was allowed while the department's appeal was dismissed.

This detailed analysis of the judgment from the Appellate Tribunal CESTAT CHENNAI addresses the issues of re-decision of appeals, payment of interest on delayed duty, and imposition of penalty under Rule 96ZP and Section 11AC, providing a comprehensive understanding of the legal reasoning and outcome of the case.