2016 (11) TMI 1289 - HC - Central Excise

High Court upholds assessee's appeal, no penalty/interest under Sections 11-AC & 11-AB

Commissioner of Customs & Central Excise, Noida Versus M/s. Supreme Industries, Ltd. Noida (U.P.)

Commissioner of Customs & Central Excise, Noida Versus M/s. Supreme Industries, Ltd. Noida (U.P.) - 2016 (341) E.L.T. 607 (All.) Issues:Whether penalty under Section 11-AC can be imposed on the assessee and interest under Section 11-AB can be levied when duty has been deposited before the issue of a show cause notice.Analysis:The case involved a dispute where the assessee admitted liability of payment of duty and deposited the required amount before the show cause notice was issued. The Custom Excise and Service Tax Appellate Tribunal set aside the proposed penalty under Section 11-AC and interest under Section 11-AB, stating that the petitioner did not intend to defy the duty demanded. The High Court noted that various High Courts and Benches have held that if disputed duty is paid before the issuance of a show cause notice proposing penalty and interest, it indicates no fraud, misrepresentation, or suppression of facts, thus penalty and interest should not be imposed. The court cited judgments from different High Courts supporting this view, including the Supreme Court's dismissal of an appeal on a similar matter. The learned counsel for the appellant failed to present any contrary authority or argument to challenge this position.The court, considering the precedents and lack of opposing arguments, ruled against the Revenue and in favor of the assessee. It upheld the Tribunal's decision that no penalty or interest under Section 11-AC and 11-AB respectively was payable by the assessee when the disputed duty was voluntarily deposited before the issuance of the notice under these sections. Consequently, the appeal was deemed lacking in merit and dismissed.