2002 (4) TMI 855 - AT - Central Excise

Summary

Issues:
1. Interpretation of provisions related to the levy of duty on goods cleared to Domestic Tariff Area (DTA) by 100% Export Oriented Units (EOU).
2. Application of Notification No. 8/96-C.E. and Sec. 3 of the Central Excise Act, 1985 on the goods produced by 100% EOU.

Analysis:
1. The appellants, a 100% EOU producing cut flowers for export, cleared a portion of their produce to DTA without paying excise or customs duty. The issue revolved around whether cut flowers, not covered under the Central Excise Tariff Act, are liable for excise duty when cleared to DTA. The Dy. Commissioner treated the DTA clearance as an import into India, demanding duty equivalent to customs duty under Sec. 12 of the Customs Act, 1962. The Commissioner (Appeals) initially directed pre-deposit of the entire duty amount, later dismissing the appeal for non-compliance without addressing the merits.

2. The Tribunal referred to the decisions in Vikram Ispat and Winsome Yarns Ltd. cases, where it was established that goods produced by 100% EOU and allowed for sale in India under Notfn. No. 8/96-C.E. are not subject to customs duty under Sec. 12 of the Customs Act. In this case, the relevant provision for levy of duty was Sec. 3 of the Central Excise Act, which applies to excisable goods listed in the schedule to the Act. As cut flowers were not specified in the schedule, Sec. 3 was deemed inapplicable for imposing duty on goods cleared to DTA.

3. The Tribunal found the issue settled in favor of the appellants based on precedents and the interpretation of relevant legal provisions. Consequently, the pre-deposit of duty and penalty was waived, and the case was remanded to the Commissioner (Appeals) for a fresh decision without insisting on pre-deposit. The impugned order was set aside, and the appeal was allowed by remand, emphasizing the need for a thorough examination of the case on its merits.

This judgment clarifies the application of duty provisions to goods cleared by 100% EOU to DTA, highlighting the distinction between customs duty under the Customs Act and excise duty under the Central Excise Act. It underscores the importance of a comprehensive legal analysis and adherence to precedents in resolving disputes related to duty liabilities on goods produced by EOUs.