1998 (8) TMI 322 - AT - Central Excise

Tribunal overturns duty demand on liment, citing lack of evidence; emphasizes justifiability in extended demands.

The Tribunal set aside the demand for duty on liment under Tariff Item 23A(2) for 1981-82, finding no evidence of mala fides in the appellants' actions. ... Demand - Limitation Issues:1. Classification of product under Tariff Item 23A(2).2. Allegations of suppression or misstatement of facts.3. Justifiability of demand for the extended period.4. Consideration of subsequent year's declaration in deciding the demand for the prior year.Classification of product under Tariff Item 23A(2):The appellants, engaged in manufacturing liment, faced a demand for duty on liment under Tariff Item 23A(2) for the period 1981-84. The Collector confirmed the demand for 1981-82 due to alleged suppression of information by the appellants. However, for 1982-83 and 1983-84, where liment was declared, the demand was dropped. The argument focused on the absence of liment in the 1981-82 declaration due to its production starting in October 1981. The subsequent year's declaration included liment without Department objection, indicating a different classification. The Tribunal found no justification for confirming the demand for 1981-82 without evidence of mala fides, setting aside the impugned order.Allegations of suppression or misstatement of facts:The Advocate highlighted that the show-cause notice lacked allegations of suppression or misstatement apart from invoking Section 11A(1) proviso. It was argued that mere invocation of the proviso is insufficient to confirm the demand for an extended period. The Tribunal agreed, emphasizing the necessity of specific allegations in the notice to justify invoking the extended period for demand confirmation. The absence of such allegations weakened the case for confirming the demand for the prior period.Justifiability of demand for the extended period:The Respondent argued in favor of confirming the demand for the extended period, citing the absence of liment in the appellants' declaration. However, the Tribunal found merit in the appellant's argument that the subsequent year's proper declaration, without Departmental objection, indicated a different treatment of the product. This reasoning, coupled with the lack of evidence of mala fides, led the Tribunal to reject the demand for the extended period, emphasizing the need for justifiability in confirming demands beyond the normal period.Consideration of subsequent year's declaration in deciding the demand for the prior year:The Tribunal critically analyzed the Department's treatment of liment in the subsequent year's declaration, where no objection was raised regarding its classification. This lack of objection indicated a different classification approach by the Department, undermining the justification for confirming the demand for the prior year. By considering the subsequent year's declaration and the absence of mala fides, the Tribunal concluded that the demand for 1981-82 lacked justification, leading to the appeal's allowance in favor of the appellants.