JUDGMENT
Archana Wadhwa
1. After dispensing with the condition of predeposit of penalty of Rs. 7,000/-, I take up the appeal itself with the consent of both the sides as a very small issue is involved.
2. The appellant is a Registered Dealer and had issued one invoice on 12.4.97 involving duty of Rs. 6266.25 without first getting the invoice book pre-authenticated from their jurisdictional range Superintendent. On the above basis, a show-cause notice dated 16.3.99 was issued to them proposing imposition of personal penalty on the ground that an irregular modvatable invoice has been issued by them on the basis of when their customer has taken the credit. The appellant’s contention is that such procedural irregularity i.e. getting the first and last page of the invoice book pre-authenticated from their Superintendent is curable and no penalty, that too after a long period of two years should have been imposed upon them.
3. I agree with the above contention of the appellant. The invoice in question was issued in April, 1997 and the penalty proceedings were started after a period of two years from the said date. Such a long gap of two years cannot be said to be a reasonable period for initiation of penal proceeding against the appellants int eh absence of any suppression or mis-statement by them. I also note that the allegation against the appellants is that of procedural irregularity which is of curable nature. As such, I set aside the impugned order imposing penalty upon them and allow the appeal with consequential relief to the appellants.
Dictated and pronounced in the open Court.