2001 (7) TMI 807 - AT - Central Excise

Tribunal denies waiver, imposes penalties for duty evasion & lack of representation

The tribunal denied the waiver of deposit for redemption due to absence and lack of representation, condoned the delay in filing an appeal, debated duty ... EXIM Policy - Duty Exemption Scheme Issues:1. Waiver of deposit of duty, penalties, and fine for redemption of confiscation of plant, building, and machinery.2. Condonation of delay in filing the appeal.3. Interpretation of the exemption in Notification 34/94 regarding textured yarn manufactured from imported filament yarn.4. Allocation of duty payment responsibility between importer, exporter, and job workers.5. Invocation of extended period under Sec. 11A for alleged suppression of facts.6. Imposition of penalties on Shivam Exports and Vimla Fashion Pvt. Ltd.7. Allegations of conspiracy and duty evasion.8. Requirement for deposit of penalties imposed on various parties.Analysis:1. The applications sought waiver of deposit for redemption of confiscated items, but absence and lack of representation led to denial of adjournment.2. The delay in filing Radhey Shyam Garg's appeal was condoned by the tribunal.3. The dispute revolved around the exemption in Notification 34/94 concerning the export or use of textured yarn from imported filament yarn, leading to duty demands and penalties.4. The responsibility for duty payment on textured yarn was debated, with the tribunal questioning the validity of transferring this burden from the manufacturer to others.5. The extended period under Sec. 11A was invoked for alleged suppression of facts regarding yarn export, with the tribunal emphasizing the lack of knowledge by job workers.6. Penalties were imposed on Shivam Exports and Vimla Fashion Pvt. Ltd. under Rule 209A for failure to export yarn, with the tribunal noting contradictory contentions and lack of substantiation for claims.7. Allegations of conspiracy and duty evasion led to the tribunal demanding deposit of penalties on involved parties within a specified timeframe.8. Detailed financial penalties were listed for various entities involved in the case, highlighting the amounts and requirements for deposit as per the tribunal's order.This comprehensive analysis covers the key issues addressed in the legal judgment, providing a detailed understanding of the tribunal's decision and the reasoning behind it.