2002 (1) TMI 132 - AT - Central Excise

Tribunal Upholds Discretion in Penalty Imposition

The Tribunal dismissed the Revenue's appeal against the penalty imposed under Section 11AC of the Central Excise Act, affirming the exercise of discretion ... Demand - Differential duty - Penalty Issues: Appeal against penalty imposition under Section 11AC of the Central Excise Act; Challenge to levy of duty based on revised MRPs; Discretion in imposing penalties by adjudicating authority.Analysis:1. Appeal against Penalty Imposition:The appeal was filed by the Revenue challenging the penalty imposed in the impugned order, contending that it did not conform with Section 11AC of the Central Excise Act. The issue revolved around whether the penalty imposed should be equal to the amount of duty evaded, as per the mandatory requirement of Section 11AC. The Tribunal examined the case records and submissions from both sides. The Tribunal noted that the appellants, as manufacturers of consumer durables, had paid duty based on the Maximum Retail Price (MRP) declared on the packages of Colour Television Sets. However, investigations revealed that the appellants had circulated higher, revised MRPs in certain areas, leading to the payment of differential Central Excise Duty. The Tribunal referred to a judgment of the Madras High Court to establish the legal position regarding penalties under Section 11AC. It was observed that despite the statutory provision prescribing a penalty equal to the duty determined, the adjudicating authority could exercise discretion in imposing a penalty, as the provision specified the maximum penalty. The Tribunal dismissed the Revenue's appeal, affirming the exercise of discretion in reducing the penalty.2. Challenge to Levy of Duty based on Revised MRPs:The cross-objection filed by the assessee sought to set aside the levy of duty based on the revised MRPs circulated in certain areas. The respondents contested the duty imposition based on the prices indicated in the circulars issued by their sales formations. However, the Tribunal found no merit in the cross-objection, noting that the appellant had accepted their liability for the differential duty during the investigation and had already paid the amount. The Tribunal held that after acknowledging the liability and not contesting the demand during adjudication, the appellant could not evade the conceded duty liability through the cross-objection. Consequently, the cross-objection was dismissed for lacking merit.3. Discretion in Imposing Penalties:The Tribunal addressed the issue of discretion in imposing penalties by the adjudicating authority. It emphasized that despite the statutory provision specifying a penalty equal to the duty determined, the authority could exercise discretion within the bounds of the law. The Tribunal clarified that the provision set forth the maximum penalty, allowing for judicious exercise of discretion based on the facts and circumstances of each case. In this context, the Tribunal upheld the exercise of discretion in reducing the penalty and dismissed the appeal challenging the imposition of a lower penalty. The Tribunal's decision affirmed the legal position regarding the exercise of discretion in penalty imposition despite the statutory prescription of penalties.