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2007 (10) TMI 221 - AT - Central ExciseShortage of goods non-maintenance of proper accounts minimum penalty is Rs. 10, 000 - adjudicating authority imposed penalty of Rs. 10, 000/- under Rule 25 - reduction of the penalty by the Commissioner (Appeals) less than Rs. 10, 000/- is not sustainable - order of the Commissioner (Appeals) to the extent of reduction of penalty to Rs. 2, 000/- is set aside - order of the adjudicating authority imposing penalty is restored - appeal filed by the Revenue is allowed
Issues: Reduction of penalty under Rule 25 of the Central Excise Rules, 2002
In this case, the Revenue appealed against the Order-in-Appeal that reduced the penalty imposed on the respondents for shortage of finished goods involving duty. The Central Excise Officers found a duty shortage, and the adjudicating authority confirmed a duty demand of Rs. 400/- along with a penalty of Rs. 10,000/-. The Commissioner (Appeals) upheld the duty demand but reduced the penalty to Rs. 2,000/-. The Revenue contended that the penalty should not have been reduced below Rs. 10,000/- as prescribed by Rule 25 of the Central Excise Rules, 2002. The Tribunal analyzed the case and observed that the respondents failed to maintain proper records as required under Rule 10, making them liable for penalty under Rule 25. Rule 25 stipulates that the penalty should not be less than the duty amount or Rs. 10,000/-, whichever is greater. Referring to precedent cases, the Tribunal emphasized that the minimum penalty of Rs. 10,000/- must be imposed under Rule 25. The Tribunal cited a previous case where a penalty of Rs. 5,000/- was considered the minimum required to be imposed under a similar rule. Consequently, the Tribunal found that the reduction of the penalty by the Commissioner (Appeals) to Rs. 2,000/- was unsustainable. Therefore, the Tribunal set aside the reduction and restored the penalty of Rs. 10,000/- imposed by the adjudicating authority under Rule 25 of the Central Excise Rules, 2002. As a result, the appeal filed by the Revenue was allowed.
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