1998 (1) TMI 279 - AT - Central Excise

Tribunal overturns duty demand and penalty, ruling in favor of appellant

The Tribunal found in favor of the appellant, ruling that the demand of duty against a show-cause notice dated 16-10-1989 was unsustainable due to a bona ... Demand - Limitation Issues:1. Classification of Bearing Plates and Brake Blocks2. Time limitation for the demand of Rs. 6,86,2623. Sustainability of penalty of Rs. 1,00,000Classification of Bearing Plates and Brake Blocks:The appellant argued that prior to 1-3-1986, iron castings were not dutiable, and there was a bona fide belief that bearing plates and brake blocks were classifiable as iron castings under Heading 7307. The Tribunal found that the appellant could be considered to have been under a bona fide belief for not disclosing specific information regarding the manufacture of these products. Consequently, the demand of duty against a show-cause notice dated 16-10-1989 was deemed unsustainable.Time Limitation for Demand of Rs. 6,86,262:The appellant contended that the show cause notice dated 16-10-1989, demanding Rs. 6,86,262 for the period 1-3-1986 to 3-11-1988, was barred by time as it exceeded the normal six-month period. The Tribunal noted that the information regarding production and clearance of the products was provided promptly by the appellant in about a month after it was first requested by the Department in late November 1988. Therefore, the larger period of limitation of five years was not applicable, and the demand was set aside.Sustainability of Penalty of Rs. 1,00,000:Given the findings on the time limitation issue and the lack of deliberate withholding of information, the Tribunal concluded that the question of imposing a penalty did not arise. Consequently, the penalty of Rs. 1,00,000 was set aside. The appeal was allowed based on the available materials, and the miscellaneous application for additional evidence was deemed unnecessary and disposed of.