2003 (10) TMI 440 - AT - Central Excise

Summary

Issues:
Whether the appellants are liable to pay Central Excise duty at the tariff rate after withdrawing the option to pay the Central Excise duty under Notification No. 9/2000-C.E., dated 1-3-2000.

Analysis:
The case involved two appeals by M/s. Perfect Spring Pvt. Ltd. and M/s. Precision Engineering Works regarding the liability to pay Central Excise duty after withdrawing the option to pay duty under Notification No. 9/2000. The appellants manufactured springs and initially claimed the benefit of the notification but later opted out of it, choosing to pay duty at the tariff rate. The Adjudicating Authority demanded duty at the tariff rate for the period when they were under the notification, citing a condition that prohibited opting out. The Commissioner (Appeals) upheld this decision, stating that once the option was exercised, it could not be withdrawn for the remaining financial year. However, the appellants argued that the notification did not specify that opting out would lead to duty liability at the tariff rate. They relied on a precedent to support their case.

The Senior Departmental Representative contended that the benefit of the notification was subject to conditions, including not withdrawing the option once chosen. Therefore, by opting out, the appellants forfeited the right to the concessional rate of duty for the period they were under the notification.

Upon considering the arguments, the Tribunal examined the condition specified in the notification, which stated that the exemption would apply subject to the condition that the option once exercised could not be withdrawn for the remaining part of the financial year. The Tribunal agreed with the appellants' position that the notification did not mandate duty payment at the tariff rate if opting out occurred. The condition aimed to prevent withdrawal of the exemption, not to impose duty liability at the tariff rate. Consequently, the demand for duty and penalty imposed were deemed unsustainable, leading to the allowance of both appeals.