Demand of excise duty is valid if Assessee was aware that transaction was done without payment of duty

Rajesh Mangal Vs C.C.E. & S.T. (CESTAT Ahmedabad)

The CESTAT, Ahmedabad in Rajesh Mangal v. C.C.E. & S.T.-Ahmedabad-III [Excise Appeal No. 11712 of 2013-DB dated June 15, 2023] held that the demand for Excise Duty would be valid if the Assessee was aware that the transaction was done without the payment of duty and subsequently reduced the penalty imposed under Rule 26 of the Central Excise Rules, 2002 (“the CE Rules”).

Facts:

Rajesh Mangal (“the Appellant”) was working as DGM finance with M/s Electrotherm (India) Ltd (“the Company”).

A Show Cause Notice dated May 31, 2010 (“the SCN”) was issued by the Revenue Department demanding excise duty of INR 1,30,14,009/- from the Company and a penalty of INR 10 lacs was demanded from the Appellant under Rule 26 of the CE Rules, which was adjudicated by the Commissioner of Central Excise who vide Order-In-Original confirmed the penalty however, the demand of excise duty was settled under SVLDRS-2019.

Please become a Premium member. If you are already a Premium member, login here to access the full content.