2005 (7) TMI 397 - AT - Central Excise

Summary

Issues:
1. Demand of duty and penalty on M/s. Silicate India for disposal of defective goods by job workers.
2. Demand of duty and penalty on M/s. Kiran Silicates Pvt. Ltd. and M/s. Nannilam Silicate (P) Ltd. for irregular utilization of input duty credit.

Analysis:

Issue 1: Demand of duty and penalty on M/s. Silicate India
The case involved M/s. Silicate India (SI) despatching soda ash to job workers for conversion to soluble glass. The job workers, unable to re-process the goods, treated them as "waste" and sold them at a concessional rate. The authorities demanded differential duty on the goods from SI, who had recovered the cost of soda ash from the job workers. The appellate tribunal found that SI broke the chain of transactions under Rule 57F by recovering the cost, disentitling themselves from the rule's benefit. The demand for differential duty was upheld, but the authorities overlooked allowing abatement of duty from the sale price, as per Section 4(4)(d)(ii) of the Central Excise Act. The penalties imposed on SI were deemed excessive, leading to a 50% reduction. The tribunal directed the re-quantification of duty demand after considering the abatement.

Issue 2: Demand of duty and penalty on M/s. Kiran Silicates Pvt. Ltd. and M/s. Nannilam Silicate (P) Ltd.
M/s. Kiran Silicates Pvt. Ltd. (KSL) and M/s. Nannilam Silicate (P) Ltd. (NSL) were independent manufacturing units eligible for Modvat credit on their inputs. They cleared the intermediate product, soluble glass, to customers at a concessional rate, utilizing input duty credit for duty payment. The demand of duty on KSL and NSL for irregular utilization of input duty credit was deemed unsustainable. The tribunal allowed the appeals of KSL and NSL, providing them with consequential reliefs and rejecting the imposition of penalties for irregular Modvat credit utilization.

This detailed analysis covers the issues of demand of duty and penalties on M/s. Silicate India, M/s. Kiran Silicates Pvt. Ltd., and M/s. Nannilam Silicate (P) Ltd., providing a comprehensive understanding of the judgment delivered by the Appellate Tribunal CESTAT, CHENNAI.