2003 (9) TMI 469 - AT - Central Excise

Summary

Issues: Duty confirmation and personal penalty imposition based on test reports for Emami Talcum Powder batches.

Analysis:
The case involved the confirmation of duty amounting to Rs. 3,50,855.34 and the imposition of a personal penalty against an appellant-company for 22 batches of Emami Talcum Powder. The Commissioner's decision was based on the test reports showing the absence of Ethyl Alcohol in these specific batches. The appellant argued that they were engaged in manufacturing the Talcum Powder and used Ethyl Alcohol, paying duty under the Medicinal and Toilet Preparation (Excise Duties) Act, 1955, not the Central Excise Act, 1944. Samples from 114 batches were tested, with Ethyl Alcohol found in 92 batches but not in the remaining 22 batches, leading to the demands raised against the appellants.

The Tribunal considered a similar issue involving the same appellant-company in the past, where it was observed that factors like improper storage could lead to the absence of alcohol in samples. The Tribunal noted that the appellant had been paying duty under the 1955 Act, which was equivalent to the Excise Act duty. As the issue was previously addressed by the Tribunal in favor of the appellants, citing that they were not duty evaders under the Excise Act, the impugned Order was set aside. The appeal was allowed, providing consequential relief to the appellants.