1996 (8) TMI 290 - AT - Central Excise

Appeal on Duty Evasion & Penalty for Manufacturing Goods Upheld with Reduced Penalty

The appeal involved duty evasion and penalty imposition related to manufacturing goods without paying duty and consuming them captively. The lower ... Demand - Limitation - Modvat Issues: Duty evasion through captive consumption, classification of goods, limitation period for duty demand, intent to evade payment of duty, Modvat credit eligibility, penalty reduction.The judgment pertains to an appeal against an order by the adjudicating authority regarding duty evasion and penalty imposition. The appellants were accused of manufacturing springs and holders falling under a specific classification without paying duty and consuming them captively, allegedly to evade duty payment. The department claimed that this act constituted suppression of facts. The consultant for the appellants argued that the items in question were not goods and not marketable. However, it was established that the appellants manufactured these items for anodizing knitting needles, making them goods. The lower authority's classification of these items as goods was upheld.Regarding the limitation period for duty demand, the consultant contended that the demand was time-barred as the show cause notice was issued after an extended period. However, it was revealed that the department had knowledge of the appellants' activities since May 1990 based on correspondence, and the show cause notice was issued in 1992. As a result, the demand for the period from May 1990 to October 1991 was deemed time-barred, while the duty demand for the earlier period was confirmed. The appellants were granted Modvat credit subject to verification of duty payment on inputs.In light of the circumstances, the penalty imposed was reduced to Rs. 5,000. The judgment concluded by affirming the duty demand for the specified period, granting Modvat credit to the appellants, and reducing the penalty amount. The appeal was disposed of accordingly.