2007 (10) TMI 667 - AT - Central Excise

Tribunal overturns penalties for late tax return filing due to lack of knowledge and delay

Tristar Iron & Steel Co. Pvt. Ltd. Versus Commissioner of Central Excise, Belapur

The Tribunal set aside the order upholding penalties for non-filing of returns on time, remanding the matter for reconsideration due to the appellant's ... - Issues involved: Confirmation of differential duty, imposition of interest, penalty under Section 11AC, penalty under Rule 27 for non-filing of returns in time.Summary:Confirmation of differential duty, imposition of interest, and penalties under Section 11AC and Rule 27:The appeal was filed against the order-in-appeal dated 31/01/2006, challenging the confirmation of differential duty, imposition of interest, and penalties under Section 11AC and Rule 27 for non-filing of returns on time. The Ld. Commissioner (Appeals) upheld the penalties imposed, stating that the duty was paid only after the show cause notice was issued, justifying the penalties. However, the appellant contended that any short levy was due to a lack of knowledge and a delay in filing returns, which occurred in a period without any short levy. The Commissioner (Appeals) failed to consider these contentions while upholding the penalties. The Tribunal found these contentions valid and set aside the order upholding the penalties, remanding the matter back to the Commissioner (Appeals) for reconsideration in light of the appellant's submissions. The appeal was allowed in respect of the penalties imposed.Conclusion:The impugned order upholding the penalties was set aside, and the matter was remanded back for reconsideration, granting the appellant an opportunity for a personal hearing.