2010 (4) TMI 950 - AT - Central Excise

Appeals over duty liability & penalty under compounded levy scheme decided. High Court upholds duty payment obligations & penalty imposition.

The appeals arose from a dispute over duty liability and penalty imposition under the compounded levy scheme. The Commissioner (Appeals) modified the ... - Issues involved: The issues involved in the judgment are related to the modification of duty liability, penalty imposition, and payment obligations under the compounded levy scheme u/s Rule 96ZO of the Central Excise Rules, 1944.Details of the Judgment:1. Modification of Duty Liability and Penalty Imposition:The appeals arose from a common order passed by the Commissioner (Appeals), Ludhiana, modifying the duty liability and penalty imposed by the Adjudicating Authority. The Adjudicating Authority had ordered recovery of Rs. 2,00,000/- out of the total duty amount of Rs. 10,66,666/- along with interest and penalty. The Commissioner (Appeals) reduced the penalty amount to Rs. 2,00,000/-.2. Application of Compounded Levy Scheme:The appellant/respondent was engaged in the manufacture of M.S. Ingots and had opted for the compounded levy scheme u/s Rule 96ZO for duty discharge. Disputes arose regarding the furnace capacity and duty payment obligations. The High Court orders and legal interpretations were considered in determining the duty liability.3. Payment Obligations and Penalty Imposition:The assessee failed to pay the duty for certain months, leading to a show cause notice and subsequent penalty imposition. The Adjudicating Authority confirmed the duty demand and imposed a penalty equal to the outstanding amount. The Commissioner (Appeals) reduced the penalty, leading to a dispute regarding the penalty amount.4. Legal Interpretation and Apex Court Rulings:The judgment considered the legal interpretations of Rule 96ZO, Section 3A(4) of the Act, and relevant case laws. The Apex Court rulings emphasized that once an assessee opts for a payment procedure, they cannot subsequently opt out of the scheme. The obligation to pay duty and penalties under the compounded levy scheme was highlighted.5. Decision and Disposition of Appeals:The appeal filed by the assessee was dismissed, and the appeal filed by the department was allowed. The impugned order reducing the penalty was set aside, and the penalty amount specified by the Adjudicating Authority was restored and confirmed. The judgment upheld the duty payment obligations and penalty imposition under the compounded levy scheme.The judgment provides a comprehensive analysis of the duty liability, penalty imposition, and payment obligations under the compounded levy scheme, emphasizing the legal interpretations and obligations of the assessee under the relevant provisions of the Central Excise Rules.