2005 (2) TMI 596 - AT - Central Excise

Penalties lifted for clearing goods without sufficient balance in PLA

The penalties imposed on M/s. Dhillon Kool Drinks and Beverages Ltd. and their General Manager for clearing excisable goods without sufficient balance in ... Penalty - Clearance of goods against inadequate balance in PLA Issues:Recovery of penalty imposed on M/s. Dhillon Kool Drinks and Beverages Ltd. and their General Manager for clearance of excisable goods without depositing duty in the bank.Analysis:The appeals were initially for staying the recovery of penalties imposed on M/s. Dhillon Kool Drinks and Beverages Ltd. and their General Manager. However, the appeals themselves were taken up for disposal after staying the recovery of penalty since the duty amount had been deposited. The penalty was imposed on the appellants for effecting clearances of excisable goods by taking credit in their PLA without actually depositing the duty due in the bank. The appellants argued that they had an OD account with the bank where the Central Excise duty was credited to the Revenue's account. They believed that the TR6 challans presented by them would be debited to their account. They contended that they had sufficient Modvat/Cenvat Credit balance on the dates of presenting TR-6 challans in the bank, indicating no deliberate intention to delay payment. They had paid the interest before the show cause notice was issued, as per the decision in C.C.E., Delhi-III v. Machino Montell (I) Ltd. The Adjudicating Authority also found that the case did not amount to evasion of duty or clearance of goods without payment of duty.Counterarguments stated that there were differences in dates when credit was taken in the PLA and when the amount was credited to the Government account, leading to clearances without sufficient balance in the PLA. The General Manager admitted to preponing the credit in some cases. The appellants were aware they were taking credit in the PLA before their account was debited. The Revenue argued that penalties were justified as goods were cleared without adequate balance in the PLA.After considering both sides, it was concluded that the penalties should be set aside. The Revenue's case was based on the appellants clearing goods without sufficient balance in their PLA, while the appellants argued they had a current account with an overdraft facility and had sufficient balance in their Cenvat Credit account. The Adjudicating Authority viewed the matter as a case of clearance against inadequate balance rather than clearance without payment of duty. The appellants' prompt payment of interest before the show cause notice demonstrated their good faith. Therefore, the penalties imposed on both appellants were set aside.