2001 (10) TMI 422 - AT - Central Excise

Appellate Tribunal Upholds Duty Imposition & Reduces Penalties for Mayur Industries Ltd.

The Appellate Tribunal confirmed the imposition of duty on M/s. Mayur Industries Ltd. for evading Central Excise duty through under-valuation of goods and ... Valuation - Undervaluation - Demand - Penalty Issues:- Central Excise duty evasion through under-valuation of goods- Imposition of duty and penalties on appellants- Dispute over payments made above invoice price- Applicability of Section 11A of the Central Excise Act- Reduction of penalties by the Appellate TribunalCentral Excise Duty Evasion:M/s. Mayur Industries Ltd. was accused of evading Central Excise duty by under-valuing excisable goods, leading to a duty evasion of Rs. 27,46,383/- during a specific period. Additionally, they failed to pay duty on an extra amount received due to price escalation, amounting to Rs. 6,04,053/- for goods manufactured and cleared from 1994-95 to March 1998. The evasion was detected through searches and examination of records, leading to the imposition of penalties.Imposition of Duty and Penalties:Appeal Nos. E/185/2001-A and E/221-223/2001-A were filed against the Order-in-Original passed by the Commissioner, Central Excise Commissionerate-I, Jaipur. The duty and penalties imposed on the appellants ranged from Rs. 2,27,141/- to Rs. 6,99,270/- under various sections and rules of the Central Excise Act. The Appellate Tribunal confirmed the demand but reduced the penalties significantly based on the facts and circumstances of the case.Dispute Over Payments Above Invoice Price:The dispute centered around payments made over and above the invoice price, with the appellants arguing that duty was paid as per the invoice price, while the Department demanded duty on amounts exceeding the invoice price. The appellants contended that the demand was based solely on price lists without invoking the proviso under Section 11A of the Central Excise Act. The Appellate Tribunal considered these arguments during the proceedings.Applicability of Section 11A:The appellants raised defenses related to the application of Section 11A of the Central Excise Act, emphasizing that the Department had not conducted a proper inquiry and had demanded duty over and above the invoice price. They cited relevant legal decisions to support their contentions, highlighting discrepancies in the Department's approach. On the other hand, the Respondent argued that payments were made only after detection, indicating an intention to evade duty.Reduction of Penalties by the Appellate Tribunal:After careful consideration, the Appellate Tribunal agreed with the adjudicating authority that the goods were undervalued, leading to duty evasion. While confirming the demand, the Tribunal reduced the penalties imposed on various entities involved, including M/s. Mayur Industries Ltd. and other distributors. The penalties were revised downwards based on the totality of facts and circumstances, with specific amounts mentioned for each party. No orders were passed regarding a specific individual, Shri S.K. Gopalka, due to the absence of an appeal.