2005 (10) TMI 313 - AT - Central Excise

Summary

Issues:
1. Payment of Additional Excise Duty on Dipped Nylon Tyrecord fabrics.
2. Applicability of Notification 9/96-C.E. dated 23-7-96.
3. Recovery of Additional Excise Duty and imposition of penalty.
4. Denial of benefit of adjustment for duties paid on raw material.
5. Exemption of Processed Dipped Nylon Tyrecord fabrics from duty demands.

Analysis:

1. Payment of Additional Excise Duty on Dipped Nylon Tyrecord fabrics:
The appellants were engaged in the manufacture of Tyrecord Fabrics and paying Basic Excise Duty on Unprocessed Nylon Tyrecord Fabrics used to make Dipped Nylon Tyrecord Fabrics. They paid only Basic Excise Duty on Processed Dipped Nylon Tyrecord fabrics, as no Additional Excise Duty was being paid on them due to exemption under Notification No. 9/96-C.E., dated 23-7-96.

2. Applicability of Notification 9/96-C.E. dated 23-7-96:
The CERA party objected to the practice followed by the appellants, stating that Additional Excise Duty should be paid on Dipped Nylon Tyrecord fabrics as per the conditions of the notification. A demand for duty was raised, leading the appellants to file revised classification lists to claim exemption under different notifications.

3. Recovery of Additional Excise Duty and imposition of penalty:
The appellants received a show cause cum demand notice for recovery of Additional Excise Duty on Dipped Nylon Tyrecord fabrics cleared during a specific period. The authorities confirmed the duty demands and imposed penalties, which were upheld by the Commissioner (Appeals), prompting the appellants to file an appeal.

4. Denial of benefit of adjustment for duties paid on raw material:
After considering the arguments and material presented, it was found that Additional Excise Duty should be recovered on a per kg weight basis. The judgment acknowledged that the appellants had paid more duty on Unprocessed Nylon Tyrecord Fabrics than required, leading to the exemption of Additional Excise Duty on Dipped Nylon Tyrecord fabrics.

5. Exemption of Processed Dipped Nylon Tyrecord fabrics from duty demands:
The judgment concluded that since the appellants had paid the necessary duties on the raw material, no duty demands could be made on them for the Processed Dipped Nylon Tyrecord fabrics. Consequently, there was no basis for imposing penalties under the Central Excise Rules, and the duty demands and penalties were set aside, allowing the appeal.

In summary, the judgment clarified the payment of Additional Excise Duty, the application of relevant notifications, the recovery of duty and penalties, the adjustment of duties paid on raw material, and the exemption of Processed Dipped Nylon Tyrecord fabrics from further duty demands.