2016 (2) TMI 328 - AT - Central Excise

Tribunal Upholds Duty Liability, Reduces Penalty: Appellant Directed to Pay Within 30 Days

M/s Saco Alloys Pvt. Ltd. Versus Commissioner of Central Excise, Jaipur

M/s Saco Alloys Pvt. Ltd. Versus Commissioner of Central Excise, Jaipur - TMI Issues:Appeal against duty demand, interest, and penalty due to shortages found during physical verification.Analysis:The appellant, a manufacturer of MS/SS ingots and Flats, was subjected to a search resulting in a shortage of 101.50 MT of SS flats during physical verification. A show cause notice was issued demanding duty, interest, and penalty. The appellant admitted to clearing the goods without payment of duty clandestinely. The duty was paid within a month of investigation, but interest and penalty were imposed. The appellant contested the imposition of interest and penalty.The appellant's counsel argued that penalty cannot be imposed solely based on an oral statement and cited relevant case laws. The authorized signatory's admission of shortages was the basis for the penalty. The Tribunal found the penalty justified due to the admission of clandestine removal. The appellant's duty liability was confirmed, but no interest was payable as the duty was paid promptly.The Tribunal analyzed the case laws cited by the appellant's counsel and found them inapplicable as the circumstances differed. The penalty under section 11AC of the Act was imposed at 25% of the duty amount, as the duty was paid before adjudication and within the stipulated timeframe. The appellant was directed to pay the reduced penalty within 30 days, failing which a 100% penalty would be applicable.In conclusion, the appeal was disposed of with the appellant being directed to pay the reduced penalty within the specified timeframe.