2006 (12) TMI 325 - AT - Central Excise

Summary

Issues:
1. Duty evasion and penalties imposed on the appellant EOU and company officials.
2. Stay applications seeking waiver of duty demands and penalties.
3. Contention regarding extension of export unit status and financial hardship.

Analysis:

Issue 1: Duty evasion and penalties imposed
The case involved M/s. Rivona Industries Ltd., a 100% EOU, importing Stainless Steel Sheets duty-free for export production but found to have disposed of duty-free materials in the market. The Customs Authorities demanded the evaded duty of about Rs. 1.17 crores and imposed penalties on the appellant EOU and company officials. The officials admitted to the disposal of items in the market, leading to the imposition of penalties on them as well.

Issue 2: Stay applications for waiver of duty demands and penalties
The stay applications sought waiver of the pre-deposit requirement for duty demands and penalties. The appellant argued that the extension of the export unit status by export processing zone authorities rendered the show cause notice by Customs Authority unsustainable. Additionally, they claimed that the charges were not well-founded, a proper explanation was provided, and financial hardship existed. However, the Tribunal found no merit in these contentions.

Issue 3: Contention regarding extension of export unit status and financial hardship
The Tribunal rejected the argument that the extension of the export unit status by export processing zone authorities invalidated the show cause notice. It emphasized that the LoP extension did not certify the proper use of duty-free materials in export production. Regarding the appellant's claim of financial hardship, the Tribunal noted that the evidence showed the disposal of duty-free materials in the market without proper accounting in the company's books, indicating a failure to disclose the correct financial situation.

In conclusion, the Tribunal held that there was no justification for granting a waiver of the duty demand. The appellant was directed to deposit the duty demand of Rs. 1.17 crores within 12 weeks. Failure to make the pre-deposit would result in the dismissal of the appeal. All stay applications were ordered accordingly, with compliance reporting scheduled for April 2, 2007.