2015 (12) TMI 1306 - AT - Central Excise

Tribunal sets aside redemption fine for manufacturer of MS TMT bars under Central Excise Act.

The Tribunal set aside the redemption fine imposed on the appellant, a manufacturer of MS TMT bars, under the Central Excise Act. The Tribunal ruled that ... Confiscation of goods - finished goods found short in stock - whether on depositing the entire duty, interest and 25% of the penalty within 25 days of the show cause notice, all the proceedings against the appellant get concluded or not - Held that:- Once the appellant has deposited the entire duty along with 25% of the penalty amount within 30 days of the issuance of show cause notice, the entire proceedings against the appellant stand concluded. In this case there is no dispute with regard to deposit of duty and penalty within the stipulated period. In this view of the matter, the redemption fine imposed on the appellant is totally unwarranted and in contravention of the provisions as contained in Section 11A(2). Therefore, I set aside the redemption fine - Decided in favour of assessee. Issues:- Imposition of redemption fine on the appellant- Interpretation of Section 11A(1A) and 11A(2) of the Central Excise Act- Legal validity of the redemption fine under Rule 25 of the Central Excise RulesImposition of Redemption Fine:The appellant, a manufacturer of MS TMT bars, faced a show cause notice demanding central excise duty and penalties. Despite depositing the entire duty and 25% penalty within 30 days of the notice, the adjudicating authority imposed a redemption fine on the goods and truck. The Commissioner (Appeals) reduced the redemption fine, but the appellant appealed against it. The appellant argued that the authorities' decisions were unsustainable and did not adhere to the provisions of Section 11A(1A) and 11A(2) of the Act, which mandate the conclusion of proceedings upon depositing the required amounts within the specified time.Interpretation of Section 11A(1A) and 11A(2):The central question revolved around whether depositing the full duty, interest, and 25% penalty within the stipulated period concludes all proceedings against the appellant. The appellant contended that as per Section 11A(1A) and 11A(2), once the specified amounts are paid within the designated timeframe, the proceedings should be deemed concluded. The Tribunal analyzed the relevant legal provisions and concluded that the redemption fine imposed on the appellant was unjustified and against the provisions of Section 11A(2). Consequently, the Tribunal set aside the redemption fine and allowed the appeal with any consequential relief.Legal Validity of Redemption Fine under Rule 25:The learned AR defended the imposition of the redemption fine under Rule 25 of the Central Excise Rules, arguing that it was legally permissible and not covered by Section 11A(1A) and 11A(2) of the Act. To support this stance, the AR cited various case laws. However, the Tribunal, after hearing arguments and reviewing submissions, determined that the redemption fine imposed on the appellant was unwarranted and in violation of Section 11A(2). Therefore, the Tribunal set aside the redemption fine, ruling in favor of the appellant.In conclusion, the Tribunal's judgment centered on the correct interpretation of statutory provisions, specifically Section 11A(1A) and 11A(2) of the Central Excise Act, to determine the legality of imposing a redemption fine on the appellant. The decision emphasized the importance of complying with legal mandates and set aside the redemption fine, providing relief to the appellant based on the established legal principles.