2001 (7) TMI 162 - AT - Central Excise

Excise Duty Upheld for Manufacturer; Abatement Granted; Reconsideration of Small Scale Industry Exemption

The Tribunal upheld the duty demand against a proprietary firm manufacturing detergent washing powder without a Central Excise License, granting abatement ... Demand - Limitation Issues:1. Central Excise duty liability for manufacturing detergent washing powder without a license.2. Abatement of duty from the values due to lack of claim or indication in the Invoices.3. Applicability of the proviso to Section 11A for invoking a larger period of demand.4. Denial of Small Scale Industry (SSI) exemption benefit.5. Eligibility of Modvat credit and procedural irregularities.6. Appeal by Revenue against larger bench decision in Sri Chakra Tyres Limited case.7. Quantification of penalty pending determination of duty amounts.Analysis:1. The appellant, a proprietary firm manufacturing detergent washing powder without a Central Excise License, faced a demand of duty for non-payment during specific years. The Commissioner granted abatement of duty from the values due to the absence of any indication in the Invoices regarding duty inclusion. The Tribunal upheld the duty demand, emphasizing the requirement of Central Excise law compliance despite other registrations held by the appellant.2. The Tribunal rejected the appellant's plea of oral misinformation by Central Excise officers, emphasizing the lack of evidence to support the claim. The proviso to Section 11A was deemed correctly invoked, allowing the larger period of demand. The Tribunal distinguished a previous case involving misinformation by State Government managers, stating it did not apply in the present scenario.3. Regarding the denial of the Small Scale Industry (SSI) exemption benefit, the Tribunal found merit in the appellant's plea of having a provisional SSI registration. The Commissioner was directed to reconsider this aspect and provide a ruling on the SSI benefit eligibility.4. The Tribunal addressed the issue of Modvat credit eligibility, highlighting the necessity of presenting relevant documents for consideration. Procedural irregularities were deemed insufficient grounds to deny Modvat credit eligibility. The matter was remanded for further evaluation, emphasizing the need to grant eligible Modvat credit and calculate any payable duty amounts separately.5. The Revenue's appeal was dismissed based on a binding decision from a larger bench case, Sri Chakra Tyres Limited, emphasizing the rejection of the Revenue's appeal. The Tribunal directed a reassessment of the penalty after determining the duty amounts post-Modvat credit eligibility.6. In conclusion, the Tribunal disposed of the appeals based on the findings, emphasizing the need to reevaluate the penalty and duty amounts following the determinations related to Modvat credit eligibility.