2001 (10) TMI 936 - AT - Central Excise

Appellate Tribunal Reduces Penalty, Acknowledges Exported Goods Value Exclusion

The Appellate Tribunal CEGAT, New Delhi, upheld the duty amount confirmed by the Commissioner but reduced the penalty to a nominal sum of Rs. 5000 in a ... Penalty - Quantum when contravention under bona fide belief Issues:1. Confirmation of demand of Central Excise duty and imposition of penalty.2. Exclusion of the value of exported goods from the duty calculation.3. Imposition of penalty for clearing goods without payment of duty.Issue 1: Confirmation of demand of Central Excise duty and imposition of penalty:The appeal was filed against the Adjudication Order confirming a demand of Central Excise duty and imposing a penalty. Initially, a higher duty amount was confirmed against the Appellants, but they argued that the value of exported goods should be excluded from the duty calculation. The Tribunal remanded the matter for further evidence on exports. The Appellants submitted various documents as evidence, but the Commissioner confirmed a lower duty amount than claimed by the Appellants. The Appellants decided not to contest the duty amount but argued against the imposition of penalty. The Tribunal upheld the duty amount confirmed by the Commissioner but reduced the penalty to a nominal sum of Rs. 5000, considering the Appellants' belief that no duty was payable on sterilized sutures received from jobbers.Issue 2: Exclusion of the value of exported goods from the duty calculation:The Appellants contended that the duty should be lower as the value of exported goods should be excluded from the duty calculation. They provided evidence such as shipping bills, invoices, packing lists, and bank certificates to support their claim. The Tribunal acknowledged the evidence submitted and the belief held by the Appellants that no duty was payable on sterilized sutures received from jobbers. The Tribunal upheld the duty amount confirmed by the Commissioner but considered the issue of interpretation of law regarding who was the actual manufacturer in the case. Ultimately, a nominal penalty of Rs. 5000 was imposed, and the appeal was disposed of with a possible refund of excess amount already deposited by the Appellants.Issue 3: Imposition of penalty for clearing goods without payment of duty:The Respondent argued that since some quantity of sterilized sutures were cleared without payment of duty, a penalty should be imposed. However, the Tribunal found merit in the Appellants' argument that they believed no duty was payable on the sterilized sutures received from jobbers. The Tribunal reduced the penalty amount to Rs. 5000, considering the circumstances and the interpretation of law regarding the manufacturing process. The Appellants were eligible for a refund of the excess amount deposited under Section 35F of the Central Excise Act. The appeal was disposed of with the reduced penalty and possible consequential relief for the Appellants.This detailed analysis of the judgment from the Appellate Tribunal CEGAT, New Delhi, highlights the issues of duty confirmation, penalty imposition, exclusion of exported goods from duty calculation, and the imposition of penalty for clearing goods without payment of duty. The Tribunal considered the evidence submitted by the Appellants, their belief regarding duty payment on sterilized sutures, and the interpretation of law to arrive at a decision reducing the penalty and upholding the duty amount confirmed by the Commissioner.