2005 (10) TMI 361 - AT - Central Excise

Tribunal Upholds Duty, Rejects Penalty Appeal

The Tribunal rejected the Revenue's appeal challenging the confirmation of duty amount but setting aside of penalty by the Commissioner of Central Excise ... Penalty - Discretion - Departmental clarifications Issues:- Appeal against confirmation of duty amount by lower authorities and setting aside of penalty- Interpretation of penalty imposition based on Supreme Court decision and Circular No. 387/90/98-JC- Commissioner of Central Excise (Appeals) independence in decision-making- Justification for not upholding penalty under Rule 173Q of Central Excise Rules, 1944Analysis:The case involved an appeal by the Revenue against the order of the Commissioner of Central Excise (Appeals) which confirmed the duty amount but set aside the penalty imposed on the assessee. The Revenue contended that the levy of penalty was not discretionary, citing a Supreme Court decision and Circular No. 387/90/98-JC issued by the Central Board of Excise & Customs. However, the Tribunal observed that the Commissioner of Central Excise (Appeals) is not bound by such orders and can independently arrive at a conclusion based on law and facts since he acts as a quasi-judicial officer.Regarding the penalty imposition under Rule 173Q of the Central Excise Rules, 1944, the Tribunal noted that the Commissioner found no mala fide intent by the appellant to evade duty. As the penalty under Rule 173Q was not upheld and the Commissioner's findings were not challenged, the Tribunal concluded that the Supreme Court decision cited by the Revenue did not apply in this case. Since Rule 173Q provisions could not be invoked, the exercise of discretion for penalty imposition was deemed unnecessary.Ultimately, the Tribunal rejected the Revenue's appeal based on the reasoning that the penalty under Rule 173Q was not applicable in the circumstances of the case. This decision highlighted the importance of considering the specific facts and legal provisions in each case to determine the appropriateness of penalty imposition under the Central Excise Rules, 1944.