2005 (2) TMI 661 - AT - Central Excise

Summary

Issues: Appeal against adjudication order confirming demand and imposing penalty for removal of non-duty paid sugar without necessary permission.

Analysis:
1. Adjudication Order and Grounds: The appellant appealed against the adjudication order confirming the demand and penalty imposed for removing non-duty paid sugar without necessary permission. The appellant, engaged in V.P. Sugar and molasses manufacture, applied for permission to store non-duty paid sugar outside the factory due to space scarcity. The permission was granted after a significant delay, during which the sugar was shifted without duty payment and later cleared after duty payment. The demand was based on the removal of sugar without duty payment.

2. Appellant's Contention: The appellant argued that the delay in granting permission led to the removal of sugar without duty payment. They maintained that the sugar in question was cleared after duty payment, with some quantity still in their godowns awaiting clearance with appropriate duty. Therefore, they contended that the demand was not sustainable.

3. Revenue's Contention: The revenue contended that the removal of non-duty paid goods without necessary permission obligated duty payment. Since the removal occurred without permission and duty payment, the appellant was liable to pay duty and interest on the amount.

4. Decision and Rationale: The tribunal noted the procedural delay in granting permission for removing non-duty paid sugar. The appellant had applied for permission before the removal, and the permission was eventually granted after a significant period. As the sugar was subsequently cleared after duty payment and some quantity remained in the godown for clearance, the tribunal found the second demand for duty on the same goods unsustainable. The tribunal also considered the revenue's delay in processing the permission request, leading to the removal without duty payment. Consequently, the penalty imposition was deemed unsustainable and set aside, ultimately allowing the appeal.

This comprehensive analysis highlights the key legal arguments, procedural aspects, and the tribunal's reasoning behind setting aside the demand and penalty in the case.