2006 (11) TMI 429 - AT - Central Excise

Export Oriented Unit, 100% EOU - Import of capital goods - Penalty and redemption fine - Quantum of

Summary

Issues:
1. Confirmation of demand of Customs duty and Central Excise duty.
2. Imposition of penalties under Customs Act and Central Excise Act.
3. Confiscation of imported goods and imposition of redemption fine.
4. Separate penalty imposed on an individual.

Confirmation of demand of Customs duty and Central Excise duty:
The judgment involves the confirmation of demands of Rs. 1,93,15,875/- for Steam Turbine Driver for generator imported by M/s. I.G. Petrochemicals Ltd., along with the confirmation of Central Excise duty of Rs. 2,82,924/- for indigenous capital goods accessories. The dispute primarily revolves around the duty-free import of a generator in 1996 under specific notifications. The Tribunal upheld that the generator was imported for the purpose of generating electricity for sale to Maharashtra State Electricity Board, not for captive consumption or export-related activities. The appellant's argument that the Development Commissioner's permission equated to exemption was dismissed, leading to the confirmation of duty demands.

Imposition of penalties under Customs Act and Central Excise Act:
Penalties amounting to Rs. 1,93,15,875/- and Rs. 2,32,924/- were imposed on M/s. I.G. Petrochemicals Ltd. under the Customs Act and Central Excise Act, respectively. Additionally, penalties of Rs. 96 lakhs and Rs. 1.42 lakhs were imposed on the appellants under various sections and rules. The judgment reduced penalties under both acts for M/s. I.G. Petrochemicals Ltd. due to certain circumstances, while penalties imposed on other appellants were set aside.

Confiscation of imported goods and imposition of redemption fine:
The imported Steam Turbine Driver for the generator and indigenously procured capital goods, valued at Rs. 5,29,24,347/-, were confiscated with an option for redemption on payment of a fine of Rs. 1.50 crores. The judgment upheld the confiscation due to the violation of notification conditions but reduced the redemption fine to Rs. 25 lakhs. It also set aside penalties imposed on other appellants and the separate penalty on an individual, Shri J.K. Saboo.

Separate penalty imposed on an individual:
A penalty of Rs. 10 lakhs was imposed on Shri J.K. Saboo, Executive Director of M/s. I.G. Petrochemicals Ltd., under various sections and rules. The judgment found no justification for this penalty and accordingly set it aside. The appeals of the appellants were disposed of accordingly, with partial allowance for appellant No. 1 and unconditional allowance for appellants No. 2 and No. 3.

This comprehensive analysis covers the key issues addressed in the legal judgment delivered by the Appellate Tribunal CESTAT, Mumbai, in 2006.