2004 (12) TMI 449 - AT - Central Excise

Summary

Issues:
1. Stay application against order-in-original confirming Central Excise duty demand, interest, and penalty.
2. Determination of applicable rate of excise duty for goods cleared by 100% EOU to DTA.
3. Interpretation of job work in the context of excise duty.

Issue 1:
The stay application challenged an order confirming Central Excise duty demand, interest, and penalty imposed by the Commissioner. The demand was based on the removal of goods to DTA without appropriate duty payment, violating Central Excise Act provisions and Exim Policy 1997-2002. The appellants argued for a waiver due to a strong prima facie case and financial hardship.

Issue 2:
The issue revolved around determining the applicable rate of excise duty for goods cleared by a 100% EOU to DTA against valid permission for sale to DTA. The appellants contended that the DTA clearance was covered by the permission granted. The Tribunal noted the absence of permission from the Assistant Commissioner for job work arrangements, which was a prerequisite for such clearances under the Exim Policy.

Issue 3:
The interpretation of job work was crucial in this case. The Commissioner held that the activity of converting ore into Silico Manganese constituted job work, citing a Supreme Court decision. However, the Tribunal disagreed, stating that the goods manufactured by a 100% EOU for permissible DTA sale should not be denied concessional duty if covered by the permission granted. As the appellants had obtained necessary permission for DTA sale, the Tribunal granted a total waiver of duty and penalty, allowing the stay petitions.

In conclusion, the Tribunal granted a full waiver of the outstanding duty and penalty, acknowledging the legal complexities involved in the case. The matter was scheduled for regular hearing to address the important legal points raised.