2006 (5) TMI 401 - AT - Central Excise

Summary

Issues:
Dispute over duty payable on vehicles and scrap arising from body building on motor vehicle chassis; Interpretation of exemption notifications; Applicability of proviso to Section 11A for duty demand; Classification of body built on chassis and liability for duty on scrap.

Analysis:

In this case, the dispute revolved around the duty liability on vehicles and scrap resulting from the body building on motor vehicle chassis. The Commissioner adjudicated in favor of the assessee, ruling that vehicles remained exempt under Notification No. 27/02 and scrap was exempt under Notification No. 89/95. The Revenue contended that the exemption for scrap was specific to goods manufactured under exempted or nil rate of Duty notifications, emphasizing that there was no such exemption for the body built. They argued that the order under 11C of the Central Excise Act did not grant an exemption from duty levy.

The respondent's counsel referred to a Circular by the board stating that prior to a certain date, the government did not intend to charge duty on body building on duty paid chassis, implying that the chassis in question were exempted. However, the issue of the durability of the body built on the chassis was raised, leading to the conclusion that such bodies were classifiable under 8707 without exemption, making the scrap arising liable to duty.

Regarding the applicability of the proviso to Section 11A for the extended duty demand period, it was argued that the non-payment of duty was due to the general practice of assessing bodies as exempt under 8702 and not due to any deliberate concealment of facts by the assessee. The Tribunal found in favor of the assessee, noting that the non-payment was a result of an erroneous practice rather than suppression of facts, making the duty demand for the extended period unsustainable.

Ultimately, the Tribunal confirmed the duty demand on scrap for the normal period under Section 11A but allowed the appeal to this extent, based on the findings and interpretations of the exemption notifications, classification of goods, and the applicability of the proviso to Section 11A in the case.