2003 (7) TMI 406 - Commission - Central Excise

Settlement Commission Resolves Duty Dispute for Malini Textiles

IN RE: MALINI TEXTILES PVT. LTD.

IN RE: MALINI TEXTILES PVT. LTD. - 2003 (157) E.L.T. 356 (Sett.comm.) Issues:Settlement of duty liability for manufacturing and clearing blended yarn at a lower duty rate than applicable, dispute over treating sale price as cum-duty price, application of Section 4(4)(d)(ii) of Central Excise Act, 1944, interpretation of relevant legal provisions, consideration of disclosure and cooperation by the applicant.Analysis:The judgment by the Settlement Commission, Customs and Central Excise, involved the settlement of a case concerning the manufacturing and clearance of blended yarn at a lower duty rate than prescribed. The applicant, M/s. Malini Textiles Pvt. Ltd., was alleged to have cleared cotton yarn blended with synthetic fiber under the guise of 100% cotton yarn, thereby evading duty at a higher rate. The Additional Commissioner of Central Excise had demanded a substantial amount as differential duty, seized certain goods, and imposed penalties and interest. The applicant sought to treat the sale price as cum-duty price, citing legal precedents.The dispute centered around the interpretation of Section 4(4)(d)(ii) of the Central Excise Act, 1944, regarding the valuation of goods for duty purposes. The applicant argued for the sale price to be considered as cum-duty price, relying on relevant case law. The Revenue objected, stating that the applicant did not follow the practice of selling goods at cum-duty value and that the facts of previous cases differed. However, the Commission held that the provisions of Section 4(4)(d)(ii) could apply even to goods cleared clandestinely without disclosure to the Department, allowing for abatement of duty payable.During the hearing, the Revenue contended that the applicant was aware of the actual nature of the goods and should be charged duty based on the price separately shown for duty. The applicant maintained that they did not realize any amount beyond the invoiced price and that fluctuating prices were common in the industry. The Commission observed that the description of goods on the invoice as cotton yarn, while actually blended yarn, affected the valuation for duty purposes. The Commission also addressed the Revenue's argument regarding a pending appeal against a related case.Ultimately, the Commission settled the case, determining the duty amount owed by the applicant and granting immunity from fines, penalties, and prosecution. The applicant was required to pay simple interest on the duty amount and comply with the settlement terms. Immunities were subject to withdrawal if the applicant withheld material particulars or failed to pay the amount due. The judgment highlighted the importance of full disclosure and cooperation in settlement proceedings under the Central Excise Act, 1944.