2015 (5) TMI 1007 - AT - Central Excise

Tribunal upholds duty, interest demand but cancels penalty on appellant. Clarification on exemption eligibility and administrative errors

The Indian Hume Pipe Co. Ltd. Versus Commissioner of Central Excise, Customs and Service Tax Hyderabad-I

The Indian Hume Pipe Co. Ltd. Versus Commissioner of Central Excise, Customs and Service Tax Hyderabad-I - 2016 (332) E.L.T. 127 (Tri. - Bang.) Issues:1. Eligibility for exemption under Notification No.6/2002-CE.2. Imposition of penalty under Rule 25 of Central Excise Rules.Eligibility for Exemption under Notification No.6/2002-CE:The case involved the appellant, a manufacturer of PSC/RCC and steel pipes, supplying pipes to a government department without payment of duty, claiming exemption under Notification No.6/2002-CE. The dispute arose as the certificate issued by the District Collector mentioned a different plant name from where the pipes were actually cleared. The Revenue contended that the appellant was not eligible for the exemption due to this discrepancy. However, it was revealed that the pipes were used for the intended purpose as per the notification, even though the certificate was issued for a different unit. The Tribunal acknowledged that both units belonged to the same company and that the appellant had explained the situation of heavy workload and technical issues leading to supply from a different unit. While upholding the demand for duty and interest payment, the Tribunal set aside the penalty, considering the mistake on the appellant's part and the actual end-use of the pipes.Imposition of Penalty under Rule 25 of Central Excise Rules:Regarding the imposition of penalty under Rule 25 of Central Excise Rules, the Tribunal found that the appellant's mistake in claiming exemption due to the plant name discrepancy did not warrant the penalty. The Tribunal noted that the pipes were indeed used for the purpose specified in the notification, despite the administrative oversight. Additionally, the appellant had reversed the CENVAT credit availed on inputs since duty on the final product was not paid. As the duty on final products was upheld, the Tribunal ruled that the appellant could retain the reversed CENVAT credit or explore alternative remedies if necessary. Consequently, the penalty was set aside, and the Tribunal decided in favor of the appellant on this issue.In conclusion, the Tribunal upheld the demand for duty and interest while setting aside the penalty imposed on the appellant. The judgment highlighted the importance of the actual end-use of the goods in determining eligibility for exemption under the relevant notification, emphasizing the specific conditions outlined therein. The decision provided clarity on the application of rules and exemptions in cases where administrative errors or discrepancies occur, ensuring a fair and just outcome for the parties involved.