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


Quick Summary
The CESTAT has ruled that an excise duty demand is valid if the assessee was aware that goods were transacted without paying the required duty. While the penalty initially imposed on an individual was reduced, the tribunal emphasised that knowledge of non-payment is key. The case involved a finance executive who argued he wasn't involved in duty evasion, but the tribunal found he had ultimate responsibility for booking transactions and was aware of the duty status.

Court :
CESTAT, Ahmedabad

Brief :
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"). 

Citation :
Excise Appeal No. 11712 of 2013-DB dated June 15, 2023

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1999
(Excl. of GST ₹359)

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3499
(Excl. of GST ₹629)

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Bimal Jain
Published in Excise
Views : 239

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