2003 (10) TMI 541 - AT - Central Excise

Summary

Issues:
1. Adjudication of duty demand for bulk clearance of lubricating oil.
2. Applicability of Section 11A and Section 11D in the case.
3. Imposition of penalty.

Adjudication of duty demand for bulk clearance of lubricating oil:
The Tribunal considered two show cause notices covering different periods, confirming a total duty demand of Rs. 1,17,78,850 for bulk clearance of lubricating oil. The Commissioner upheld the demand, stating that duty should be paid based on the value of smaller packs of oil due to repacking at depots. The appellant cited precedents like Castrol India Ltd. v. CCE, New Delhi and Savita Chemicals v. CCE, Mumbai, which established that duty should be levied on bulk clearances, not on smaller repacked packs sold at higher prices. The Tribunal, following these precedents and the Supreme Court's dismissal of the Revenue's appeal, set aside the order for the unpaid balance of approximately Rs. 80.74 lakhs, as the appellant had already paid the demand from March 1999 onwards.

Applicability of Section 11A and Section 11D:
The respondent argued that the appellant should have deposited the differential duty collected at depots under Section 11D, even though the demand was raised and confirmed under Section 11A. However, the Tribunal clarified that the issue did not involve Section 11D, and the demand was confirmed under Section 11A. Relying on previous Tribunal decisions and the Supreme Court's affirmation of the Castrol India Ltd. case, the Tribunal set aside the impugned order for the unpaid balance, confirming the demand paid by the appellant from March 1999 onwards.

Imposition of penalty:
Since the Tribunal set aside the major portion of the duty demand due to the applicability of previous decisions, it found no justification for imposing a penalty. Consequently, the penalty was also set aside, considering the appellant's compliance with the confirmed demand from March 1999 onwards and the lack of grounds for penalty imposition.

This comprehensive analysis of the legal judgment highlights the key issues addressed by the Appellate Tribunal CESTAT, Mumbai, providing a detailed overview of the decision-making process and the application of relevant legal principles in the case.