2003 (12) TMI 467 - AT - Central Excise

Summary

Issues involved:
Whether extended period of limitation for demanding duty under Section 11A(1) of the Central Excise Act is invocable.

Detailed Analysis:

1. Argument for Appellants: The appellants, engaged in manufacturing aluminium utensils, argued that they believed circles to be intermediate goods not liable to duty. They cited previous tribunal decisions supporting their belief. They contended that the extended period of limitation for demanding duty is not applicable as there was no wilful mis-statement or suppression on their part. They referenced a Bombay High Court decision and a Supreme Court dismissal of an appeal by the Revenue to support their stance. The Commissioner (Appeals) also allowed the benefit of a notification to the manufacturers of aluminium circles, reinforcing the appellants' belief that no duty was payable.

2. Argument for Revenue: The Revenue argued that aluminium circles are a manufactured product, distinct from aluminium sheets, and are marketable. They contended that the extended period of limitation is applicable as the appellants did not inform the authorities about their manufacturing activities. They referenced a tribunal decision to support the invocation of the extended period of limitation. The Revenue also argued that as duty was not discharged on the aluminium circles during captive consumption, penalties should be imposed on the appellants.

3. Judgment: The Tribunal found merit in the appellants' argument that the extended period of limitation was not invocable. Citing Supreme Court decisions, the Tribunal held that there must be a deliberate act to evade duty for the extended period to apply. Since there was no evidence of deliberate suppression, the extended period was deemed inapplicable. The Tribunal also considered the Commissioner (Appeals) decisions and previous court rulings exempting aluminium circles from duty. Consequently, the Tribunal remanded the matters to re-compute duty liability within the normal period specified under Section 11A(1) of the Central Excise Act and in accordance with the law. No penalties were imposed on the appellants based on this analysis.