2009 (11) TMI 812 - AT - Central Excise

Appeal against duty demand granted, interest and penalty removed for lack of grounds.

The appeal was filed against a demand of duty, interest, and penalty under the Central Excise Act due to damaged goods from floods. Despite the remission ... - Issues:Appeal against demand of duty, interest, and penalty under Central Excise Act.Analysis:The appeal was filed against a demand of duty, interest, and penalty under the Central Excise Act. The appellant's stock of finished goods and raw materials was damaged due to floods, leading to a remission application for duty. The Insurance company paid Rs. 7,57,348 to the appellant. Despite the remission application pending with the Commissioner, a show-cause notice was issued demanding duty, interest, and proposing a penalty. The lower authorities upheld the duty demand as the remission application was rejected by the Commissioner, and the appellant did not appeal against it. The Commissioner's order clearly stated the duty liability, making it unquestionable. The appellant argued the penalty was arbitrary and excessive, but did not challenge the invocation of Section 11AC. However, the show-cause notice did not meet the requirements for a penalty under Section 11AC, thus Rule 25 could not be imposed. The notice did not allege grounds for invoking Section 11AB for interest recovery, making the demand unsustainable.The Tribunal sustained the duty demand but without interest, setting aside the penalty. The appeal was partly allowed, concluding the judgment.