2007 (6) TMI 475 - AT - Central Excise

Summary

Issues:
1. Duty payment default by the appellant for SSI clearance.
2. Allegation of payment default by loan licensees.
3. Requirement to pay duty from PLA by loan licensees.
4. Order of Commissioner (Appeals) directing duty payment from PLA.
5. Compliance with duty payment on behalf of loan licensees.

Analysis:
1. The appellant, engaged in manufacturing P & P Medicaments, faced a default in duty payment for clearance under SSI. However, they rectified this default upon action taken against them.
2. Despite maintaining separate accounts for SSI clearance and loan licensees, the appellant was alleged to have made a payment default on behalf of the loan licensees.
3. A show cause notice was issued, contending that duty payments for loan licensees should be made from PLA due to the SSI unit default. The Additional Commissioner later vacated this notice, citing no default by the loan licensees in the past.
4. The Revenue appealed against the Additional Commissioner's decision, leading to the Commissioner (Appeals) reversing the order and mandating duty payment from PLA for loan licensees.
5. The appellate tribunal, after considering the separate accounts and absence of default in duty payment by the loan licensees, concluded that the order of the Commissioner (Appeals) was not legally sound. The tribunal held that the appellant had already faced consequences for the duty default in their own account and could not be penalized for duty payment on behalf of loan licensees.
6. Consequently, the tribunal set aside the Commissioner (Appeals) order and reinstated the decision of the Additional Commissioner, emphasizing that the duty default should not be extended to duty payment on behalf of loan licensees.