TaxTMI Login
Just a moment...
Press 'Enter' to add multiple search terms. Rules for Better Search
When case Id is present, search is done only for this
of 
of 
No Folders have been created
Are you sure you want to delete "My most important" ?
NOTE:
of of 
All Case Laws
of of All Case Laws
Note
Bookmark
Share
Don't have an account? Register Here
of <h1>Appeal Success: Penalty Imposition Overturned on Lack of Malafide Intent</h1> <h3>M/s Cipla Ltd. Versus CCE, Mumbai-III</h3> M/s Cipla Ltd. Versus CCE, Mumbai-III - TMI Issues:- Appeal against Order-in-Appeal imposing penalty- Appellant cleared goods in unpacked condition to sister unit- Short payment of excise duty identified during audit- Show-cause notice issued for demanding differential duty and penalty- Dispute regarding penalty imposition under Section 11AC- Arguments on malafide intention and revenue neutrality- Legal precedents cited for penalty imposition- Department's argument on non-disclosure of valuation method- Applicability of Section 11A(2B) on duty payment- Analysis of legal judgments on similar cases- Decision to set aside penalty imposition and allow the appealDetailed Analysis:1. The appeal challenged the Order-in-Appeal imposing a penalty equal to the duty amount, following a short payment of excise duty by the appellant when clearing goods in unpacked condition to a sister unit. The discrepancy was identified during an audit, leading to a show-cause notice for demanding the differential duty and penalty under Section 11AC.2. The appellant argued against penalty imposition, citing lack of malafide intention and revenue neutrality due to transactions within the same company. Legal precedents were referenced to support the contention that penalty under Section 11AC should not apply in cases of revenue neutrality.3. Conversely, the Revenue contended that the appellant failed to disclose the valuation method, leading to suppression of facts and justifying penalty imposition under Section 11AC. The department highlighted the appellant's duty payment only after the audit team's intervention as a basis for invoking penal provisions.4. The analysis delved into the applicability of Section 11A(2B) on duty payment, emphasizing that no show-cause notice should have been issued if duty was paid upon discovery of the discrepancy. Legal judgments, including the Supreme Court's ruling, were examined to support the argument that penalty under Section 11AC is not applicable in cases of duty payment due to price revisions.5. Ultimately, the judgment set aside the penalty imposition, allowing the appeal based on the application of Section 11A(2B) and the absence of grounds for penalty under Section 11AC. The decision aligned with legal interpretations and precedents, concluding that the penalty imposed was not legally justified.
TaxTMI 
TaxTMI 
