2003 (1) TMI 541 - AT - Central Excise

Summary

Issues:
1. Challenge to the order of the Commissioner of Customs & Central Excise, Hyderabad by the Revenue.
2. Sustainability of demand of Central Excise duty against the respondent.
3. Allegations of discrepancy in clearance particulars and duty payment.
4. Excess quantity of clearance for captive consumption.
5. Invocation of the larger period of limitation.
6. Adequacy of explanation by the assessee.
7. Proof of alleged excess goods not being cleared outside the factory.
8. Decision on the issue of limitation.
9. Findings of the Appellate Tribunal CEGAT, Bangalore.

Analysis:
The appeal before the Appellate Tribunal CEGAT, Bangalore arose from the Revenue challenging the order passed by the Commissioner of Customs & Central Excise, Hyderabad. The Commissioner had ruled that the demand of Central Excise duty against the respondent, a manufacturer of prepared explosives and Spent Nitric Acid, amounting to Rs. 47,11,087/- was not sustainable on both merit and limitation grounds. The allegations included discrepancies in clearance particulars and duty payment, specifically regarding excess quantity for captive consumption and clearance without duty payment for certain periods.

The assessee contended that the excess quantity in log sheets compared to RG-1 was due to prior practices of not accounting for captively consumed materials in RG-1 before October 1991. They argued that the goods were correctly accounted for in log sheets and other relevant registers. The assessee also asserted that there was no suppression of production or clearance for captive consumption, as the information was duly recorded in RG-1 and RT-12 returns for specific periods.

The Commissioner's decision favored the assessee, noting the lack of further investigation by the department into the explanation provided. It was highlighted that there was no proof that the alleged excess goods were not consumed captively. The Commissioner also ruled in favor of the assessee on the issue of limitation, indicating that the proviso to Section 11A could not be invoked based on the facts presented.

Upon hearing both parties, the Appellate Tribunal upheld the Commissioner's findings. They emphasized that the materials available pointed towards captive consumption of the excess goods, and sufficient information was at the department's disposal to verify the explanation provided by the assessee. The Tribunal agreed that the invocation of the larger period of limitation was unjustified, as there was no suppression of facts, and the assessee had made open declarations of clearances without duty payment. Consequently, the Tribunal dismissed the appeal, confirming the order of the Commissioner.