2009 (7) TMI 1294 - AT - Central Excise

Supreme Court Upholds Penalty Increase under Central Excise Act

The Supreme Court held that authorities cannot impose less penalty under Section 11AC of the Central Excise Act. Penalties in various appeals were ... - Issues involved: The quantum of penalty imposable u/s 11AC of CEA, 1944 in various appeals before the Appellate Tribunal CESTAT AHMEDABAD.Appeal No.E/68/2004: The appeal was filed by Revenue for enhancement of penalty under Section 11AC, which was set aside by the Commissioner (Appeals) and later rejected by the Tribunal.Appeal No.E/2922/2004: The Commissioner (Appeals) confirmed the demands but set aside the penalty under Section 11AC as duty was deposited before issuance of show cause notice. The appeal for enhancement of penalty by Revenue was rejected by the Tribunal.Appeal No.E/3894/2005: Duty confirmed with penalty reduced by Tribunal considering duty payment before show cause notice issuance.Appeal No.E/3997/2005: Duty confirmed with penalty reduced by Tribunal.Appeal No.E/35/2006: Penalty reduced by Commissioner (Appeals) and upheld by Tribunal.Appeal No.E/158, 159/2006: Penalties reduced by Commissioner (Appeals) and upheld by Tribunal.Appeal No.E/161/2006: Duty confirmed with penalty reduced by Tribunal due to immediate payment by assessee.Appeal No.E/188, 2814/2006: Penalty reduced by Commissioner (Appeals) and upheld by Tribunal.Appeal No.E/253/2006: Penalty reduced by Commissioner (Appeals) and upheld by Tribunal.Appeal No.E/369, 2963/2006: Penalty imposed by Tribunal at 25% of duty amount.Appeal No.E/439/2006: Penalty reduced by Tribunal to 25% of duty amount.Appeal No.E/369/2007: Penalty reduced by Tribunal to 25% of duty amount.Appeal No.E/756/2007: Penalty enhanced by Tribunal to 25% of duty amount.Appeal No.E/1374/2006: Appeal by Revenue for penalty enhancement rejected by Tribunal.Appeal No.E/959/2007: Penalty reduced by Tribunal to 25% of duty demand.Appeal No.E/2313/2004: Penalty enhancement appeal by Revenue rejected by Tribunal.Appeal No.E/265-266/2008: Penalties reduced by Tribunal to 25% of duty amount.The Hon'ble Supreme Court held that authorities have no discretion to impose less penalty u/s 11AC. The penalty in all appeals was increased to 100% of the duties. However, the Provisos to Section 11AC were considered, allowing for reduced penalties if dues are paid within thirty days. The Tribunal set aside orders not giving this option to assessees, remanding matters for fresh adjudication with the option to deposit reduced penalties within thirty days. The penalty was enhanced to duty amount, with an option to deposit reduced penalties within thirty days from the date of the order.