Appeal on Duty Liability for Replacement Goods

COMMISSIONER OF C. EX., MUMBAI Versus FLAMEPROOF EQUIPMENTS PVT. LTD.

COMMISSIONER OF C. EX., MUMBAI Versus FLAMEPROOF EQUIPMENTS PVT. LTD. - 2004 (168) E.L.T. 329 (Tri. - Mumbai) Issues:
Liability to duty in respect of replacement of damaged goods without following Central Excise procedures.

Analysis:
The case involved a Revenue appeal against an order-in-appeal where the respondents' appeal against the order-in-original was allowed. Initially, duty of Rs. 55,370/- was confirmed against the respondents along with penalties on the company and the Managing Director. The respondents, engaged in manufacturing electrical machines, cleared goods without paying Central Excise duty and not accounting for them in the RG-1 register, claiming they were replacements for damaged goods. The original authority did not accept this defense, but the Commissioner (Appeals) found no evidence of intent to evade duty. The dispute centered on the duty liability for replacement goods made using bought out items and cleared without following procedures. The Managing Director admitted to this practice, leading to the duty liability on these goods. The CEGAT judgment cited was deemed irrelevant, and the Commissioner (Appeals) findings were overturned. However, the penalties imposed were considered excessive and reduced to Rs. 10,000 under Section 11AC, with other penalties set aside.

The Tribunal noted that since a single appeal was filed, the order of the Commissioner (Appeals) regarding the Managing Director became final. Consequently, the Revenue's appeal was partly allowed by reducing the penalties and setting aside other penalties imposed on the respondents.