2003 (5) TMI 443 - AT - Central Excise

Summary

Issues Involved:
1. Eligibility for exemption from Special Excise Duty (SED) under Notification No. 22/2000-C.E.
2. Clubbing of clearances from two separate plants for determining exemption eligibility.
3. Application of Rule 2(a) of the Rules for the Interpretation of the Schedule.
4. Allegation of suppression or misstatement of facts and imposition of penalties under Section 11AC and interest under Section 11AB of the Central Excise Act.

Issue-wise Detailed Analysis:

1. Eligibility for exemption from Special Excise Duty (SED) under Notification No. 22/2000-C.E.:
The core issue was whether the goods cleared from the appellant's two plants constituted a complete car air-conditioner kit, which would not be eligible for exemption under the said notification, or parts of a car air-conditioner, which would be eligible for the exemption. The appellants argued that the parts were supplied separately and never as a complete air-conditioner kit. They cited a circular and previous tribunal decisions to support their claim that unless all parts are supplied together, the exemption cannot be denied.

2. Clubbing of clearances from two separate plants for determining exemption eligibility:
The Commissioner had confirmed the duty demand by clubbing the clearances from the two plants, treating them as a single entity for the purpose of determining the exemption eligibility. The appellants contended this was erroneous and contrary to established legal principles, arguing that goods manufactured and cleared from each unit should be assessed separately. They referenced past decisions where it was held that clearances from different units of the same corporate entity should not be clubbed.

3. Application of Rule 2(a) of the Rules for the Interpretation of the Schedule:
The appellants contended that Rule 2(a), which considers goods in an unassembled condition as complete goods, was not applicable in their case. They argued that the rule does not create a deeming fiction that unassembled goods are complete goods. They maintained that the exemption notification should be applied based on the description of the goods as parts, not as a complete air-conditioner.

4. Allegation of suppression or misstatement of facts and imposition of penalties under Section 11AC and interest under Section 11AB of the Central Excise Act:
The appellants argued that there was no suppression or willful misstatement on their part, as they had filed all necessary declarations and sought clarifications from the department. They contended that mere filing of a declaration claiming exemption does not amount to misstatement. The tribunal agreed with this view, noting that the department was aware of the appellants' claims and had engaged in discussions with them. The tribunal found that the appellants' actions did not constitute suppression or misstatement, and thus, penalties under Section 11AC and interest under Section 11AB were not warranted.

Conclusion:
The tribunal set aside the penalties and demand for interest, agreeing with the appellants that there was no suppression or willful misstatement. Consequently, the tribunal did not address the other issues regarding the availability of the exemption under Notification No. 6/2000-C.E., the clubbing of clearances, or whether the goods were air-conditioning machines or parts thereof. Both appeals were disposed of in these terms.