2009 (6) TMI 701 - AT - Central Excise

Tribunal upholds Central Excise duty, grants penalty waiver under Notification No. 6/2006

SAMRUDHI INDUSTRIES Versus COMMISSIONER OF CENTRAL EXCISE, NAGPUR

The Tribunal upheld the demand for Central Excise duty but allowed a partial waiver of penalty due to a dispute in the interpretation of the exemption ... Stay/Dispensation of pre-deposit - Pipes for water supply Issues involved: Interpretation of Central Excise duty exemption notification u/s Notification No. 6/2006, imposition of penalty, demand of duty amount.Interpretation of Central Excise duty exemption notification: The appellants claimed exemption u/s Notification No. 6/2006 for pipes manufactured by them. Authorities denied exemption based on investigation revealing water usage details. The exemption clause mentions water treatment plant for human and animal consumption, excluding industrial use. The appellants argued that the word 'plant' in the explanation clause does not exclude clause 3 of Sr. No. 7 of the notification. They also cited a similar exemption u/s Notification No. 3/2004 for pipes used for industrial purposes. Tribunal found no error in demanding duty but allowed partial waiver of penalty due to interpretation dispute.Imposition of penalty: The adjudicating authority confirmed a demand of Central Excise duty along with penalties against the companies and a partner. The appellants disputed the interpretation of exemption provisions, leading to a partial waiver of the penalty amount imposed. The Tribunal directed the duty amount to be deposited within 12 weeks.Demand of duty amount: The adjudicating authority confirmed a demand of Central Excise duty against the appellants. The Tribunal directed the duty amount to be deposited within 12 weeks and compliance to be reported by a specified date. In a separate appeal, the appellants were instructed to produce necessary permission from the Committee on Disputes. The applications were disposed of accordingly.