Customs, Excise and Gold Tribunal - Delhi Tribunal

Singla Steels Ltd. vs Commissioner Of C. Ex., … on 7 January, 2002

Customs, Excise and Gold Tribunal – Delhi
Singla Steels Ltd. vs Commissioner Of C. Ex., … on 7 January, 2002
Equivalent citations: 2002 (141) ELT 174 Tri Del
Bench: K Kumar


ORDER

Krishna Kumar, Member (J)

1. This is an appeal filed against the Order-in-Appeal No. 1191-CE/CHD/2K, dated 19-6-2000 passed by the Commissioner of Central Excise (Appeals), Chandigarh. The issue relates to imposition of penalty of Rs. 50,000/-.

2. The appellant has requested to decide the case on merits. The learned SDR, Shri A.S. Bedi, appearing on behalf of the Revenue has fairly conceded that the items in question i.e. runners and risers which are scrap generated during the course of manufacture of steel ingots are fully exempted pursuant to Notification No. 49/97. However, as regards the duty on ingots, the same were not exempted and the appellant has paid the duty amount on ingots when the same was pointed out to them by the Anti-evasion Branch of the Department, otherwise it would have gone unnoticed. The present penalty amount was initially Rs. 1,05,000/- but keeping in view the fact that since there was no duty demand on runners and risers, the Commissioner (Appeals) has reduced the penalty amount to Rs. 50,000/-.

3. Therefore, his contention is that the penalty amount is reasonable and the same is not required to be reduced or exonerated.

4. After hearing the submissions of the learned SDR and perusal of the records, I find that the penalty amount of Rs. 50,000/- imposed on the appellant is fully reasonable in view of the facts of the case and as such, the impugned order does not call for any interference. The appeal filed by the appellant is accordingly rejected.