2002 (6) TMI 315 - AT - Central Excise

Summary

Issues:
1. Duty demand confirmation against the appellant.
2. Imposition of penalty.
3. Interpretation of CT 2 certificate.
4. Allegation of excess supply and duty evasion.
5. Validity of demand under Section 11A of the Central Excise Act.
6. Maintainability of penalty in the absence of duty evasion.

Analysis:
1. The judgment dealt with the confirmation of duty demand amounting to Rs. 74,253 against the appellant, along with the imposition of an equal penalty. The Tribunal examined the records and the CT 2 certificate issued by the Superintendent of Central Excise to the appellant.

2. The CT 2 certificate authorized the appellant to obtain specific goods at nil rate of duty for a particular purpose. The certificate did not mention any quantitative or value restrictions. The Tribunal noted that the appellant had received the goods and used them for the authorized purpose, exempted from Central Excise duty, as per the notification.

3. The Tribunal found that the charge of excess supply without basis could not be upheld as the appellant had used the goods for the authorized purpose. Since there was no duty short-levied or short-paid, the demand under Section 11A of the Central Excise Act for duty recovery was deemed invalid.

4. Furthermore, the Tribunal established that penalty cannot be sustained in the absence of duty evasion. As there was no duty evasion due to the authorized use of goods, the penalty imposed on the appellant was deemed not maintainable.

5. Consequently, the Tribunal concluded that the entire proceedings against the appellant were misconceived and not maintainable in law. The impugned order confirming duty demand and imposing a penalty was set aside, and the appeal was allowed in favor of the appellant, granting consequential relief if applicable.