2015 (7) TMI 545 - AT - Central Excise

Tribunal: Machines classified under Heading 8428, excise duty upheld, Cenvat credit allowed

Eminence Equipments Pvt Ltd, Makarand S. Savagaonkar Versus Commissioner of Central Excise, Pune-I

Eminence Equipments Pvt Ltd, Makarand S. Savagaonkar Versus Commissioner of Central Excise, Pune-I - 2015 (330) E.L.T. 344 (Tri. - Mumbai) Issues Involved:1. Classification of the machines.2. Applicability of extended period of limitation.3. Eligibility for Cenvat credit.4. Imposition of penalties.Issue-wise Detailed Analysis:1. Classification of the Machines:The appellants were engaged in the manufacture of various machines used for handling grains and classified them under Heading 8437/8436, treating them as non-dutiable. The Revenue contended that these machines were conveyors and elevators classifiable under Heading 8428, making them liable for excise duty. The Tribunal examined the functions of the machines and the relevant headings in the Customs Tariff Act, 1975. It was noted that Heading 8428 covers machinery for lifting, handling, loading, or unloading, including conveyors and elevators, whereas Heading 8437 pertains to machinery for processing grains. The Tribunal concluded that the machines manufactured by the appellants were for handling, not processing grains, and thus correctly classifiable under Heading 8428, making them dutiable.2. Applicability of Extended Period of Limitation:The appellants argued against the invocation of the extended period of limitation, claiming no suppression of facts. However, the Tribunal found evidence of intentional misdescription of the machines to avoid excise duty. Customers' statements and internal communications indicated that the appellants were aware of the dutiability under Heading 8428 but chose to describe their products differently. The Tribunal held that this constituted suppression of facts with intent to evade duty, justifying the extended period of limitation under the proviso to Section 11A.3. Eligibility for Cenvat Credit:The appellants sought the benefit of Cenvat credit on inputs and input services used in manufacturing the machines. The Tribunal disagreed with the Commissioner's denial of this benefit, noting that since the goods were now held dutiable, the appellants should be allowed to claim Cenvat credit. The matter was remanded to the Commissioner to examine the appellants' documentation and determine the eligible Cenvat credit, adjusting the net duty liability accordingly.4. Imposition of Penalties:A penalty under Section 11AC was imposed on the appellants for evading excise duty. The Tribunal upheld this penalty, finding clear evidence of intentional misdescription and suppression of facts. Additionally, a penalty under Rule 26 was imposed on the Managing Director of the appellant company. The Tribunal acknowledged his role in the misdescription and upheld the penalty but reduced it from Rs. 1,00,00,000/- to Rs. 10,00,000/- considering the reduced duty liability after allowing Cenvat credit and his individual status.Conclusion:The Tribunal concluded that the machines were correctly classifiable under Heading 8428, making them liable for excise duty. The extended period of limitation was applicable due to suppression of facts. The appellants were entitled to claim Cenvat credit, and the matter was remanded for verification of documents. Penalties were upheld but adjusted in light of the revised duty liability. The appeals were disposed of accordingly.