Captive consumption exemption under Notification 67/95-C.E. extends to factory use connected with manufacture; penalties and confiscation narrow.

Notification No. 67/95-C.E. was construed to extend exemption to goods captively used within the factory where they were employed in activities integrally connected with manufacture, including internal manufacturing operations, repair, maintenance and fabrication. Only the quantity admittedly used for purposes outside manufacture remained dutiable. The discussion also notes that where the principal duty demand on the exempt portion does not survive, mandatory penalty under Section 11AC is not justified, confiscation cannot be sustained if the goods are not seized or available, and only a reduced penalty may be retained for accounting lapses and delayed payment on the non-exempt quantity.

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Issues: (i) Whether goods captively used within the factory were entitled to exemption under Notification No. 67/95-C.E. when used in relation to the manufacture of finished goods; (ii) Whether the penalties under Section 11AC of the Central Excise Act, 1944 and Rule 173Q of the Central Excise Rules, 1944 and the confiscation order were sustainable.

Issue (i): Whether goods captively used within the factory were entitled to exemption under Notification No. 67/95-C.E. when used in relation to the manufacture of finished goods.

Analysis: The exemption notification covered both inputs and capital goods used in the factory of production in relation to manufacture. The expression "in relation to the manufacture" was construed liberally, and goods used for internal manufacturing activities, repair, maintenance, and fabrication within the factory were treated as falling within the notification. Since only a limited quantity was admittedly used for purposes other than manufacture, the balance use was found to be eligible for exemption.

Conclusion: The balance quantity of the captively used goods was held entitled to exemption, while duty was sustained only on the quantity admittedly used otherwise than in relation to manufacture.

Issue (ii): Whether the penalties under Section 11AC of the Central Excise Act, 1944 and Rule 173Q of the Central Excise Rules, 1944 and the confiscation order were sustainable.

Analysis: Once the major duty demand was set aside and the only surviving liability related to the admitted quantity already paid, the mandatory penalty under Section 11AC was not justified. Confiscation was also unsustainable because the goods were not seized or available with the department. However, a limited penalty was considered appropriate for the lapse in maintaining accounts and for delayed duty payment on the quantity used otherwise than for manufacture.

Conclusion: The penalty under Section 11AC and the confiscation order were set aside, and the penalty under Rule 173Q of the Central Excise Rules, 1944 was reduced to a nominal amount.

Final Conclusion: The assessee succeeded substantially, with exemption granted for the balance captively used goods, the major duty demand and confiscation removed, and only a reduced penalty maintained for the admitted contravention.

Ratio Decidendi: Goods used within the factory in activities integrally connected with manufacture are eligible for exemption where the notification uses the expression "in relation to the manufacture," and penal consequences cannot survive once the principal duty demand on such exempted goods fails.

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