2004 (6) TMI 512 - AT - Central Excise

Summary

Issues:
1. Whether the appellants, manufacturers of various goods, cleared their products without following central excise formalities and without payment of duties.
2. Whether the duty liability of the appellants should be based on the cum-duty price of the goods.
3. Whether penalty under Section 11AC and interest under Section 11AB should be imposed on the appellants.

Analysis:
1. The appellants were found to have cleared goods without following central excise formalities and without paying duties, exceeding exemption limits for certain years. The Deputy Commissioner confirmed a demand for duty payment and imposed a penalty under Section 11AC of the Central Excise Act. On appeal, the Commissioner (Appeals) acknowledged the duty liability but disputed the treatment of value as cum-duty price and the imposition of penalty under Section 11AC. The Commissioner directed the appellants to be granted Modvat credit subject to conditions and imposed penalties and interest from a specific date.

2. The appellants argued that the duty should be charged based on the cum-duty price citing relevant legal precedents. The Tribunal noted that under Section 4(4)(d)(ii) of the Central Excise Act, the value does not include excise duty. As the appellants did not separately charge excise duty but collected only the total value of goods, the excess value beyond the exemption limit should be considered as cum-duty price for excise duty calculation. The Tribunal also clarified that penalty under Section 11AC should apply only for clearances after a specific date and that the Deputy Commissioner had the authority to impose such penalties.

3. The Tribunal concluded that the appellants' duty liability should be re-evaluated based on the cum-duty price of goods. It was determined that penalty under Section 11AC should be applicable from a certain date, and the Deputy Commissioner was authorized to impose such penalties. Therefore, the Commissioner (Appeals) order was modified, and the case was remanded to the original authority for the accurate determination of duty amounts and penalties payable by the appellants.