2006 (12) TMI 291 - AT - Central Excise

Summary

Issues:
1. Duty confirmation and penalty imposition under Notification No. 8/2002 for goods exported to Nepal.
2. Challenge to penalty levy based on the absence of intention to evade duty.
3. Consideration of exports to Nepal as domestic clearances for calculating aggregate value under the Notification.

Analysis:
The appeal before the Appellate Tribunal CESTAT, Bangalore stemmed from the confirmation of duty and penalty imposition in relation to the appellant's manufacturing activities involving Ice cream cone machines, machines for cream wafer biscuits, and rolled sugar falling under specific Chapter Sub-Headings. The appellants were availing exemption under Notification No. 8/2002 for clearances up to Rs. 1 crore but failed to include the value of goods exported to Nepal amounting to Rs. 21 lakhs during September 2002. Consequently, a demand of duty totaling Rs. 3,36,000 was made, inclusive of interest and penalty. The appellants contended that they mistakenly believed exports to foreign countries need not be factored into the aggregate clearance value, emphasizing the foreign exchange benefits to the country.

In the adjudication, it was highlighted that exports to Nepal and Bangladesh were to be treated as home consumption under the Notification, necessitating their inclusion in the aggregate value calculation. As the addition of the export value pushed the clearance value beyond Rs. 1 crore, the duty demand was deemed appropriate. However, the question of penalty imposition was deliberated. Despite the offense committed by the appellants due to misinterpretation of the notification, a blanket penalty equal to the duty amount was deemed unjustified, considering the foreign exchange benefits accrued. Consequently, the penalty was reduced to Rs. 10,000. The appellant raised a concern regarding the penalty adjustment against pending duty, seeking a refund if found eligible. The Tribunal directed the authorities to review the matter and process any refund due in accordance with the law, thereby modifying the impugned order accordingly.