TMI Blog2001 (2) TMI 184X X X X Extracts X X X X X X X X Extracts X X X X ..... llular Rubber' (also referred as Micro Sheets) covered under sub-heading 4008.11 of Central Excise Tariff which were used in manufacture of soles for foot wear and were fully exempt from duty vide Notification No. 319/86-C.E., dated 22-5-1986 as amended during the period of dispute. 2. In or about November 1992, the jurisdictional officer took a view that even though the said micro sheets were f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... relying on 1989 (42) E.L.T. 350 (S.C.) reduced the penalty from Rs. 5000/- to Rs. 2,500/- holding the imposition of penalty to be called for and correct as arrived at by the learned Assistant Collector. Hence this appeal. 3. We have heard the learned Chartered Accountant for the appellants and the SDR for the Department, considered the submissions and find - (a) The learned Commissioner (Appe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed that mens-rea must be proved herein, Section 271(1)(a) required no mens-rea. Rule 173Q(1), sub clauses (a), (b) (c) liability does not depend upon mens-rea and this violation in the present case falls under 173Q(1)(a), thus mens-rea may not be called for. However, there is. admittedly, no Revenue loss nor have the appellants acted in a countemacious disregard to the Rules; they have pleaded t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... case. We therefore, find that even though imposition of penalty for failure to carry on the statutory obligation by an order may be called for, yet imposition thereof will be quasi-criminal proceedings and penalty will not ordinarily be imposed unless there was deliberate defiance of law or conduct was guilt of contravacious or dishonest conduct and conscious disregard of duty. We do not find thes ..... X X X X Extracts X X X X X X X X Extracts X X X X
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