2000 (7) TMI 511 - AT - Central Excise

Assessee wins tax exemption case, no penalty imposed

The Tribunal upheld the Assessee's classification of products, deemed them eligible for exemption under Notification No. 1/93-C.E., and found no ... Classification - Issues Involved:1. Classification of various items manufactured by the Assessee.2. Eligibility for exemption under Notification No. 1/93-C.E.3. Invocation of extended period for demanding duty.4. Imposition of penalty and interest under Sections 11AC and 11AB of the Central Excise Act.Issue-wise Detailed Analysis:1. Classification of various items manufactured by the Assessee:The Commissioner of Central Excise, New Delhi, reclassified the products manufactured by the Assessee under different tariff headings, which led to a confirmed demand of central excise duty amounting to Rs. 77,66,004/- and a penalty of Rs. 5 lakhs. The Assessee argued that their products, such as industrial valves, parts of valves, side glass for pipes, filtering and purifying apparatus, parts of strainers, pulleys, flywheels, and automatic regulating apparatus, were not solely used for refrigerating and air conditioning systems but had multiple applications. The Tribunal found that the Department had not provided sufficient evidence to prove that the products were exclusively for refrigerating and air conditioning machinery. The Tribunal upheld the Assessee's classification under the respective headings (8481.80, 8481.99, 8421.10, 8421.90, 8483.00, and 9032.80) as claimed by the Assessee.2. Eligibility for exemption under Notification No. 1/93-C.E.:The Assessee claimed exemption under Notification No. 1/93-C.E., which was denied by the Commissioner on the grounds that the products were parts of refrigerating and air conditioning machinery, which are excluded from the exemption. The Tribunal observed that the Assessee's products had multiple applications and were not solely used in refrigerating and air conditioning systems. Therefore, the Assessee was eligible for the exemption under Notification No. 1/93-C.E.3. Invocation of extended period for demanding duty:The Commissioner invoked the extended period for demanding duty, alleging that the Assessee mis-declared the classification of their products with an intent to evade payment of duty. The Assessee contended that their classification lists were approved by the authorities, and they had filed invoices and RT-12 returns regularly. The Tribunal found that the Assessee had not willfully mis-declared or suppressed facts, as their classification was based on the belief that the products had multiple applications. Consequently, the demand for duty for the extended period was not justified.4. Imposition of penalty and interest under Sections 11AC and 11AB of the Central Excise Act:The Revenue appealed against the non-imposition of mandatory penalty under Section 11AC and the non-ordering of interest under Section 11AB. The Tribunal held that since the classification claimed by the Assessee was upheld, there was no mis-declaration or suppression of facts. Therefore, the imposition of penalty and interest under Sections 11AC and 11AB did not arise. The appeal filed by the Assessee was allowed, and the appeal filed by the Revenue was rejected.In conclusion, the Tribunal upheld the Assessee's classification of their products, found them eligible for exemption under Notification No. 1/93-C.E., and ruled that there was no mis-declaration or suppression of facts. Consequently, the demand for duty, penalty, and interest was set aside.