2001 (10) TMI 617 - AT - Central Excise

Summary

Issues:
1. Whether duty is payable on Plastic Moulding Powder used in the manufacture of exempted final products.
2. Whether the demand for duty on Plastic Moulding Powder is within the period of limitation.

Issue 1: Duty on Plastic Moulding Powder
The appellants manufactured Plastic Water Storage Tanks and availed Modvat credit for containers exceeding 300 litres. A show cause notice alleged non-payment of duty on Plastic Moulding Powder used in exempted products. The appellants argued that the Powder is an intermediate stage product, not marketable, and eligible for Modvat credit on granules. The Commissioner held that the Powder transformation constituted manufacturing, rejected marketability claims, and imposed duty and penalties.

Issue 2: Limitation Period
The appellants contended that the notice issued after 6 months from the relevant period was time-barred. The Commissioner justified the delay by alleging suppression of facts to evade duty. However, the Tribunal found no evidence of intentional suppression by the appellants. Noting the disclosure of granule use and blueprint details, the Tribunal ruled the notice beyond the limitation period, as there was no active role in concealing the Powder's emergence. Consequently, the impugned order was set aside on the limitation issue, allowing the appeal with consequential reliefs to the appellants.

This judgment clarifies that duty may be levied on intermediate products used in manufacturing exempted final goods and emphasizes the importance of the limitation period in tax matters. It highlights the necessity of active intent to evade duty for an extended limitation period to apply, ensuring fairness and compliance in excise duty cases.