2010 (2) TMI 472 - HC - Central Excise

High Court upholds decision on duty liability for manufacturing without registration. Revenue's appeal dismissed.

COMMISSIONER OF C. EX., JALANDHAR Versus BHAWANI WEAVING FACTORY

COMMISSIONER OF C. EX., JALANDHAR Versus BHAWANI WEAVING FACTORY - 2010 (255) E.L.T. 206 (P & H) Issues:- Duty liability on manufacturing goods without Central Excise Registration- Confiscation of goods, penalties, and interest imposed- Appeal against the order of the Commissioner (Appeals)- Enhancement of penalty by the Customs, Excise and Service Tax Appellate Tribunal- Substantial questions of law raised in the appealAnalysis:Issue 1: Duty liability on manufacturing goods without Central Excise RegistrationThe respondent assessee, engaged in the manufacture of doubling of yarn, was found manufacturing goods without obtaining Central Excise Registration and clearing them without paying duty. The show cause notice was issued for contraventions of the Central Excise Act and Rules. The assessee claimed exemption from duty before 1-4-2003 but was unaware of the law change post that date. The Adjudicating Authority ordered confiscation of goods, penalties, and interest. The Commissioner (Appeals) modified the order, considering the facts and allowing Cenvat credit while reducing penalties. The Tribunal upheld the confiscation but enhanced the penalty, leading to an appeal by the revenue.Issue 2: Confiscation of goods, penalties, and interest imposedThe Adjudicating Authority confirmed the demand of duty, imposed penalties, and interest on the assessee. The Commissioner (Appeals) modified the order, confirming duty demand but reducing penalties and allowing Cenvat credit subject to verification. The Tribunal further enhanced the penalty, leading to the present appeal. The revenue argued that the assessee wrongly claimed Cenvat credit, violated laws, and was not registered, justifying the penalties and interest. The assessee contended that they were exempted from duty before 1-4-2003 and had a plausible explanation for their actions. The High Court upheld the decision of the lower authorities, considering the facts and circumstances, and dismissed the appeal.Issue 3: Appeal against the order of the Commissioner (Appeals)The assessee appealed against the order of the Adjudicating Authority, leading to modifications by the Commissioner (Appeals) in favor of the assessee. However, the revenue was dissatisfied and further appealed. The Tribunal made changes to the order, enhancing the penalty, which was challenged in the High Court. The High Court examined the grounds for interference but found no legal infirmity in the impugned order, ultimately deciding in favor of the assessee based on the exemption of goods before 1-4-2003.Issue 4: Enhancement of penalty by the Customs, Excise and Service Tax Appellate TribunalThe Tribunal enhanced the penalty imposed on the assessee, leading to the revenue filing the present appeal in the High Court. The revenue argued for acceptance of the appeal, citing violations by the assessee. The assessee defended the impugned order, stating their exemption from duty before 1-4-2003 and providing a reasonable explanation for their actions. The High Court upheld the decision of the Tribunal, considering the facts and explanations provided by the assessee.Issue 5: Substantial questions of law raised in the appealThe High Court admitted the appeal to consider substantial questions of law raised by the revenue. These questions pertained to the legality of the Tribunal's judgment, the imposition of penalties, the admissibility of Cenvat credit, and the exemption of goods cleared without payment of duty. The High Court examined these questions in detail, considering the facts and explanations presented, ultimately deciding in favor of the assessee based on the exemption of goods before 1-4-2003 and the reasonable explanation provided.