2007 (3) TMI 597 - Commission - Central Excise

Summary

Issues: Settlement application under Section 32F(1) of the Central Excise Act, 1944 regarding eligibility for SSI exemption, duty demand, penalty imposition, CENVAT credit, immunities from interest, penalty, and prosecution.

Eligibility for SSI Exemption:
The applicant, engaged in manufacturing medicines, sought SSI exemption under Notification No. 8/2002-C.E. for the financial year 2002-03. However, due to changes in Notification No. 8/2003-C.E., they were deemed ineligible for the exemption in 2003-04 as their clearances exceeded the prescribed limit. This discrepancy led to a demand for Central Excise duty and penalty imposition.

Duty Demand and Penalty Imposition:
A show-cause notice (SCN) was issued to the applicant in 2004, alleging ineligibility for SSI exemption in 2003-04, resulting in a duty demand of Rs. 15,79,792 and a corresponding penalty under Rule 25 of the Central Excise Rules, 2002. The Joint Commissioner confirmed the duty demand and penalty, prompting the applicant to appeal before the Appellate Commissioner, which was pending at the time of the settlement application.

CENVAT Credit and Deposit of Duty Liability:
During the settlement proceedings, the applicant admitted the duty liability of Rs. 11,99,228 and deposited the same amount as directed. They also claimed CENVAT credit of Rs. 1,63,351 for inputs used in manufacturing excisable goods, which was to be deducted from the duty liability.

Immunities and Settlement Terms:
The applicant, through their advocate, requested immunities from interest, penalty, and prosecution. The Settlement Commission, after examining the application and submissions, settled the matter under Section 32F(7). The duty liability was settled at Rs. 11,99,228, with the deposited amount appropriated towards it. The applicant was directed to pay simple interest on the delayed duty payment and granted full immunities from penalty and prosecution under the Central Excise Act and related Rules.

Settlement Conditions and Immunities Withdrawal:
The settlement terms included the payment of simple interest on the delayed duty deposit, immunity from interest exceeding 10% per annum, and complete immunity from penalty and prosecution. However, the Commission warned that if any material particular was concealed, false evidence was given, or fraud was detected, the settlement order would be void, and immunities would be withdrawn as per the provisions of Section 32K(1) and related sub-sections.