2015 (1) TMI 584 - HC - Central Excise

Partial appeal success in tax case under Central Excise Act, penalty upheld

RAYALASEEMA CONCRETE SLEEPERS (PVT.) LTD. Versus COMMISSIONER

RAYALASEEMA CONCRETE SLEEPERS (PVT.) LTD. Versus COMMISSIONER - 2014 (310) E.L.T. 38 (Chhattisgarh) Issues:Tax appeal under Section 35(G) of the Central Excise Act, 1944 against the order partly dismissing the appeal and upholding penalty under Section 11AC for short payment of excise duty.Detailed Analysis:1. Facts and Background:The appellant, a manufacturer of concrete sleepers for Railways, supplied goods with an escalation clause for price adjustment. The Directorate General of Anti-Evasion highlighted short payment of excise duty on escalated bills, leading to a show cause notice and subsequent penalty imposition.2. Imposition of Penalty:The Adjudicating Officer confirmed the penalty under Section 11AC of the Act, equal to the short-paid duty amount, along with an additional penalty. The Tribunal partially allowed the appeal, reducing the penalty amount.3. Substantial Questions of Law:The High Court considered two substantial questions of law: whether the penalty equal to the short-paid duty could be imposed when part of the duty was voluntarily paid earlier, and if the penalty under Section 11AC could be applied retrospectively.4. Court's Decision:The Court upheld the findings that the appellant attempted to evade duty by not disclosing price escalation details and delayed duty payment until pointed out. The Court clarified that Section 11AC could only be enforced from its insertion date in 1996, limiting the penalty to the period post its enactment.5. Conclusion:The Court partially allowed the appeal, holding the appellant liable to pay the penalty under Section 11AC equal to the short-paid duty amount for the period following the enactment of the provision. The judgment balanced the interests of both the Assessee and the Department, providing clarity on the application of penalties in excise duty cases.