2017 (11) TMI 1287 - AT - Central Excise

Appellate Tribunal Upholds Confiscation & Duty Demand in CFL Manufacturing Case

M/s Devinod Trade Pvt. Ltd., Anuj Mahajan, Director Vineet Gupta, Partner Versus CCE, Delhi

M/s Devinod Trade Pvt. Ltd., Anuj Mahajan, Director Vineet Gupta, Partner Versus CCE, Delhi - TMI Issues:1. Confiscation of seized goods and duty demand on clandestine clearance.2. Denial of SSI exemption benefit and liability for excise duty.3. Duty demand on goods seized at buyer's premises.4. Violation of principles of natural justice regarding cross-examination.Issue 1: Confiscation of seized goods and duty demand on clandestine clearance:The case involved M/s Devinod Trade Pvt. Limited (DTPL) manufacturing Compact Fluorescent Lights (CFLs) under Central Excise Tariff Act, 1985. The central excise officers conducted searches due to suspicions of duty evasion and lack of registration. Seized goods led to a show cause notice proposing confiscation and duty demand. The Assistant Commissioner ordered confiscation, upheld by the Commissioner (Appeals), prompting appeals challenging the decision. The appellant argued against inflated demands, lack of evidence supply, and denial of natural justice principles.Issue 2: Denial of SSI exemption benefit and liability for excise duty:The Revenue contended that DTPL, supplying raw materials and overseeing CFL manufacturing, was liable for excise duty. The definition of 'manufacturer' under Central Excise Act was crucial, establishing DTPL's liability for duty payment. The appellant's claim for Small Scale Industry (SSI) exemption was denied due to goods bearing other brand names, making them ineligible for the benefit.Issue 3: Duty demand on goods seized at buyer's premises:Goods found at the buyer's premises led to a duty demand, contested by the appellant as potentially duplicative of the total quantity already considered for duty calculation. The appellant's argument regarding lack of access to relied-upon documents was dismissed by the adjudicating authority, leading to the rejection of this ground for appeal.Issue 4: Violation of principles of natural justice regarding cross-examination:The appellant raised concerns about the denial of cross-examination of witnesses, alleging a violation of natural justice. However, as the request for cross-examination was not made before the adjudicating authority, this ground was deemed untenable, leading to no interference with the impugned order.In conclusion, the Appellate Tribunal upheld the impugned order, dismissing all appeals on 16.11.2017, based on detailed considerations of the evidence and legal arguments presented by both parties.