2001 (9) TMI 860 - AT - Central Excise

Summary

Issues:
1. Alleged abuse of exemption provisions leading to evasion of Central Excise duty.
2. Confirmation of duty and imposition of penalty by the Commissioner.
3. Appeal against the Commissioner's order.
4. Contesting the case on merits and time-barred demand.
5. Consideration of submissions regarding the approval of C/Lists and strip covers.
6. Lack of specific findings by the Commissioner necessitating remand for fresh consideration.

Analysis:
1. The case involved the appellants, a pharmaceutical company, being issued a Show-cause Notice for allegedly abusing exemption provisions to evade Central Excise duty by removing clinical samples of medicaments without fulfilling the required conditions. The Notice demanded payment of duty amounting to Rs. 11,29,764.00 for the specified period.

2. The Commissioner confirmed a duty of Rs. 6,43,575.00 for a specific period and imposed a penalty of Rs. 6.50 lac on the appellants under relevant rules. This decision was the subject of the appeal before the Appellate Tribunal.

3. The appeal contested the Commissioner's order, with the appellants accepting the case against certain products but contesting it on merits for others. The entire demand was challenged on the grounds of being time-barred.

4. The appellants argued that they had submitted C/Lists with packings bearing the inscription "Physician samples not to be sold" for the products in question, which were duly approved by the Central Excise Authorities. They relied on precedents to support their contention that the demand should be considered time-barred.

5. The Revenue reiterated the Commissioner's findings, leading to a detailed consideration by the Tribunal. The appellants' compliance with submission requirements and approval of C/Lists formed a crucial aspect of the argument.

6. The Tribunal noted that the Commissioner had not provided specific findings on the submission regarding the strip covers and packings accompanying the C/Lists. This lack of clarity necessitated a remand for fresh consideration and recording of findings by the original authority. The appellants were granted a further opportunity for a hearing in light of this decision.

In conclusion, the Tribunal allowed the appeal, setting aside the Commissioner's order and remanding the matter for a more detailed assessment, emphasizing the need for specific findings on the key submissions made by the appellants.