Court rules penalties void in excise appeal, citing genuine interpretation dispute, setting aside penalties.

BNK PARTS PVT. LTD. Versus COMMISSIONER OF C. EX., CHENNAI-II

BNK PARTS PVT. LTD. Versus COMMISSIONER OF C. EX., CHENNAI-II - 2002 (145) E.L.T. 191 (Tri. - Chennai) Issues:
Appeal challenging penalty imposition based on interpretation of assessable value under Section 4 of the Central Excise Act, 1944.

Detailed Analysis:

1. Interpretation of Assessable Value: The appellants challenged the penalty imposition, arguing that no penalty should be imposed as the issue revolved around the interpretation of the value based on the understanding of the assesses, supported by the cost sheet submitted by them. The appellants contended that they did not commit any offenses under the specified rules of the Central Excise Rules, 1944. The consultant for the appellants referenced various judgments, including those of CEGAT Delhi, New Delhi-A Bench, and Kolkata Bench, where penalties were set aside in cases involving interpretation of statutory provisions. The consultant emphasized that the penalty under Rule 173Q was not justified in instances where there was a genuine dispute regarding the interpretation of the law.

2. Department's View: The Department's representative reiterated the department's stance on the matter without providing additional details or arguments.

3. Judgment: The judge examined the case and concluded that it primarily involved the interpretation of Section 4 of the Central Excise Act, 1944. Noting that the appellants had provided a cost sheet along with the price list and there were no allegations of suppression of facts, the judge found that the issue was a difference in interpretation between the assessee and the department. Citing precedents from various co-ordinate Benches of CEGAT, the judge ruled that in cases where there is a divergence in interpretation, and no suppression of facts is involved, penalties cannot be imposed. Following the decisions in similar cases, the judge set aside the penalties imposed on both appellants, M/s. BNK Engine Parts Pvt. Ltd. and M/s. Pilot Liners Pvt. Ltd., amounting to Rs. 2,00,000 and Rs. 2,50,000 respectively. The judge dismissed the appeals with the exception of the penalty modifications.

In conclusion, the judgment revolved around the interpretation of assessable value under the Central Excise Act, 1944, emphasizing that penalties cannot be imposed in cases where there is a genuine dispute regarding the interpretation of statutory provisions, and no suppression of facts is involved. The judge referenced previous decisions to support the ruling, setting aside the penalties imposed on the appellants.