2003 (9) TMI 631 - AT - Central Excise

Demand - Proceedings under different statutes - Valuation - Cum-duty price - Demand and penalty - Proportionality of

Summary

Issues: Duty demand based on sale tax proceedings, excess duty amount, penalty reconsideration

Duty demand based on sale tax proceedings:
The case involved a manufacturer of Sandal Wood Oil, liable for central excise duty, facing a duty demand of over Rs. 13.50 lakhs for allegedly clearing oil without payment during 1993-94. The appellant argued that the duty demand relied on sale tax proceedings where evasion was found, which was not a valid basis for imposing central excise duty. The appellant claimed relief granted in the sale tax proceedings for stock quantity and computation errors were not considered by the Central Excise authorities.

Excess duty amount:
The appellant contended that the duty demand exceeded the actual payable amount due to errors in computation and the treatment of the entire value of goods as assessable value instead of cum-duty realization. The appellant highlighted that relief should be granted concerning sales tax, central excise duty, and other permissible items. The appellant stressed that if the duty amount was lower upon review, a proportionate relief should also be granted in the penalty amount.

Penalty reconsideration:
Upon perusing the evidence and submissions, the Tribunal acknowledged the similarity in evidence between the sale tax and central excise proceedings. The Tribunal agreed with the appellant's arguments regarding relief for stock quantity and computation errors and the treatment of realizations as cum-duty. Consequently, the Tribunal set aside the impugned orders, remanding the case to the original authority for reconsideration. The appellant was directed to provide materials and submissions for relief claims within a month, with a fresh adjudication order to be issued within two months. The appellant was granted a hearing opportunity before the new order's issuance.