2006 (8) TMI 353 - AT - Central Excise

Summary

Issues: Duty demand confirmation, under-valuation of grey fabrics, manufacturer definition, limitation period, natural justice violation, penalty imposition

In this case, the duty demand of Rs. 1,22,513/- along with interest was confirmed on fabrics processed by a specific entity. The fabrics were seized, confiscated with an option of redemption, and a penalty equal to the duty amount was imposed. The first contention raised was regarding the ownership of the processing unit, arguing that the appellants were not the manufacturers as per the Central Excise Act's definition. However, it was established that the appellants were indeed the manufacturers as they were running the factory and processing grey fabrics. The primary issue of under-valuation was not disputed, with the argument focusing on the limitation period for the demand. The Department was allowed the extended period of intimation due to admissions regarding the misstatement of fabric values. The plea of violation of natural justice was rejected as it was not raised in the appeal before the Tribunal.

The Tribunal upheld the duty demand, confiscation, and deemed the penal action against the mills as warranted. However, considering the circumstances, the penalty on the processors was reduced to Rs. 30,000. The penalty on the proprietor was set aside, emphasizing that in law, a penalty cannot be imposed on both the proprietary concern and its proprietor. The final decision allowed one appeal in part and the other appeal in its entirety, with the penalty on the proprietor being annulled.