2006 (8) TMI 474 - AT - Central Excise

Summary

Issues Involved:
1. Fraudulent procurement and misuse of CT-3 certificates.
2. Diversion of duty-free goods to the local market.
3. Imposition of penalties and interest under various provisions of the Central Excise Act, 1944, and Customs Act, 1962.
4. Liability of duty demands on consignees and consignors.
5. Waiver of pre-deposit conditions for appellants.

Issue-wise Detailed Analysis:

1. Fraudulent Procurement and Misuse of CT-3 Certificates:
The Directorate General of Central Excise Intelligence (DGCEI) conducted investigations revealing that M/s. Aryama Polytex Ltd. (APL) and M/s. S.R. Industries Ltd. (SRIL), both 100% Export Oriented Units (EOU), fraudulently obtained CT-3 certificates to procure duty-free Polyester Texturised Yarn (PTY) from APL. The certificates were obtained by misrepresenting facts and forging signatures of Central Excise officers. For instance, CT-3 certificates 72/96, dated 8-2-96, and 364/95, dated 18-12-95, were obtained fraudulently, while certificates 418/96, dated 26-12-96, and 352/96, dated 25-9-96, were forged.

2. Diversion of Duty-Free Goods to the Local Market:
The investigation revealed that the PTY procured under these fraudulent CT-3 certificates never reached the SRIL factory premises but was instead diverted to the local Bhiwandi market. This was confirmed by statements from transporters and company officials. The re-warehousing certificates submitted to the authorities were forged, and the sale proceeds from the diverted goods were distributed among APL, SRIL, and brokers.

3. Imposition of Penalties and Interest:
Penalties were sought under Section 11AC of the Central Excise Act, 1944, and Rules 9(2), 173Q, and 226 of the Central Excise Rules, 1944, along with Section 117 of the Customs Act, 1962. Penalties under Rule 209A were also sought against various individuals involved, including directors and managers of the companies, brokers, and other personnel. Interest was sought to be levied at 20% per annum under Notification 34/96-CE (NT), dated 9-10-96, under Section 11AB of the Central Excise Act, 1944.

4. Liability of Duty Demands on Consignees and Consignors:
The Tribunal considered the liability of duty demands on consignees and consignors. It was noted that if re-warehousing certificates are not received back within 90 days, the duty demand is correctly made on the consignor. The Tribunal referenced the case of M/s. Carrier Aircon Ltd., where it was held that duty demands could be made on the consignor if re-warehousing certificates were not returned. However, in this case, since the goods never reached the consignee, the Tribunal found no prima facie reason to uphold the duty demands on SRIL.

5. Waiver of Pre-Deposit Conditions:
The Tribunal allowed the applications for waiver of pre-deposit conditions under Section 35F of the Central Excise Act, 1944. It ordered a full waiver of pre-deposit along with a stay of recovery pending the appeals. The Tribunal found that the appellants had made a case for waiver of duty demand, penalties, and interest at the prima facie stage.

Separate Judgments Delivered:
The Tribunal considered similar issues in separate orders for different appellants, including M/s. Sarla Polyester Ltd., M/s. Guptex Pvt. Ltd., M/s. Shree Sanand Textile Industries Ltd., and M/s. Parshava Textiles Pvt. Ltd. In each case, the Tribunal found that the duty demands on consignees could not be upheld prima facie and ordered waivers of pre-deposit conditions. However, in some cases, such as M/s. Shree Sanand Textile Industries Ltd., the Tribunal directed the deposit of specific duty amounts to hear the appeals.

Conclusion:
The Tribunal's judgment primarily focused on the fraudulent procurement and misuse of CT-3 certificates, the diversion of duty-free goods to the local market, and the imposition of penalties and interest. It provided detailed reasoning for waiving pre-deposit conditions and staying recovery pending appeals, emphasizing the need for a thorough examination of the issues at regular hearings.