2004 (12) TMI 248 - AT - Central Excise

Partner's Penalty Upheld, Appeal Partially Allowed

The judge upheld the penalty and interest imposition based on the partner's admission but set aside the penalty on the partner due to the decision on ... Penalty and interest Issues: Contesting penalty and interest amount based on a decision regarding separate penalty on partnership firm and partners, coercion in obtaining appellant's statement, lack of opportunity for cross-examination violating natural justice principles, reliance on Custom cases instead of Central Excise cases, Adjudicating Authority's findings on merchant manufacturers not filing a defence reply, evidence supporting illicit activities by merchant manufacturers, penalty imposition based on partner's admission.Analysis:1. The appellant's representative contested the penalty and interest amount, citing a decision that separate penalties on partnership firms and partners are impermissible. He argued that the penalty imposed on the partner was not valid as it had already been imposed on the firm. Additionally, he claimed that the appellant's statement was obtained through coercion, and there was a lack of opportunity for cross-examination of the investigating officer. He also highlighted that the partner had retracted the statement without a finding by the Commissioner (A) and criticized the reliance on Custom cases instead of Central Excise cases by the Commissioner (A).2. The Revenue's representative argued that the Adjudicating Authority had noted that the merchant manufacturers did not file a defence reply, undermining the consultant's submission. He emphasized the evidence regarding illicit activities by the merchant manufacturers, as supported by seized documents and statements. The Adjudicating Authority found the merchant manufacturers knowingly involved in illicit activities, leading to penalty imposition under the Central Excise Rules.3. After considering both sides and reviewing the records, the judge found that the case relied on the partner's admission. Consequently, the judge upheld the penalty and interest imposition based on the admission. However, in line with the decision on separate penalties for partners, the penalty on the partner was set aside. The judge partially allowed the appeal, sustaining the impugned order except for the partner's penalty, which was deemed not maintainable.In conclusion, the judgment addressed various issues concerning penalty imposition, evidence evaluation, natural justice principles, and the applicability of legal decisions. The decision provided detailed reasoning for upholding certain penalties while setting aside others based on legal precedents and the specific circumstances of the case.