2004 (7) TMI 492 - AT - Central Excise

Summary

Issues:
1. Challenge against duty demand and penalties imposed on two different companies.
2. Dispute over the chemical examiner's report and re-examination request.
3. Demand for duty under different provisions without denying the compounded levy scheme benefit.

Analysis:
1. The appeals were filed against two different orders confirming duty demands and penalties. The first appeal (2622-2623/2004) was by M/s. Vishwakarma Alloys Ltd., challenging a duty demand of Rs. 2,94,359/- with a penalty of Rs. 20,000 imposed on its Director. The second appeal (2624-2625/04) was by M/s. Vishwakarma Ispat and its Director, challenging a duty of Rs. 4,07,910/- and a penalty of Rs. 4,08,000 against the company and a penalty of Rs. 20,000 on its Director.

2. The dispute centered around the chemical examiner's report, which alleged that the companies were manufacturing alloy iron and steel ingots instead of what they were discharging duty for under the compounded levy scheme. The appellants contested the report's accuracy and requested re-examination of the samples, which was denied by the adjudicating authority. The lack of clarity in the report and the absence of details on testing methods rendered it inconclusive and inadmissible as evidence for demanding duty under a different provision.

3. Additionally, it was noted that demanding duty under a separate provision (Section 3) after accepting duty under Section 3A without denying the benefit of the compounded levy scheme was unjustified. The absence of any order denying the scheme's benefit meant that duty could not be raised and confirmed under Section 3 directly. Therefore, the impugned orders were set aside as unsustainable, and the appeals were accepted with consequential relief as per law.