2023 (9) TMI 710 - AT - Central Excise

Appeal Allowed for Lubricant Plant in Duty Dispute with Nepal

M/s. Bharat Petroleum Corporation Ltd., Versus Commissioner of Central Excise, Kolkata.

M/s. Bharat Petroleum Corporation Ltd., Versus Commissioner of Central Excise, Kolkata. - TMI Issues involved:The issues involved in this case include duty demand, interest, and penalty imposed on the Appellant in relation to goods exported to Nepal, as well as the compliance with provisions of the Central Excise Act, 1944 and Central Excise Rules, 2002.Duty Demand and Compliance:The Appellant, a lubricant plant in West Bengal, exported lubricating oils and grease to Nepal during a specific period. They followed the required procedures for storing duty paid goods, issued appropriate invoices, and maintained necessary accounts. The dispute arose when a Show Cause Notice alleged a duty shortfall of Rs. 21,12,899, which was confirmed in the adjudication order. However, the Appellant argued that they exported duty paid traded goods in accordance with relevant notifications and rules. They maintained that the duty paid nature of the goods was evident through their documentation and procedures. The Tribunal observed that the Appellant had indeed followed all required procedures for exporting duty paid goods, and the duty had already been paid by the manufacturers at the time of clearance. Therefore, the demands of duty, interest, and penalty were deemed unsustainable, leading to the appeal being allowed.Legal Compliance and Documentation:The Tribunal noted that the Appellant exported both self-manufactured goods and traded goods to Nepal. While duty for self-manufactured goods was paid through specific accounts, traded goods' duty was debited accordingly. The impugned order raised concerns about the establishment of duty paid nature for traded goods. However, the Appellant had prepared all necessary invoices, including dealers' invoices under Rule 11, signed by the Superintendent, which detailed the duty paid on the quantity exported to Nepal. Additionally, the Appellant maintained an account for duty paid goods, filed required returns, and issued cenvatable invoices with cross-references to manufacturers' invoices. These documents and procedures demonstrated the duty paid nature of the traded goods exported to Nepal, leading the Tribunal to set aside the impugned order and allow the appeal.Separate Judgment by Judges:The judgment was delivered by Hon'ble Mr. Ashok Jindal, Member (Judicial), and Hon'ble Mr. K. Anpazhakan, Member (Technical).