2008 (8) TMI 688 - AT - Central Excise

Summary

Issues: Duty evasion through proforma invoices, applicability of statutory changes on duty payment, suppression of facts by the assessee, time limitation on demand notice, imposition of penalty.

Analysis:
1. The case involved the manufacturing of cotton yarn on cones by the appellants and clearing them to traders in Bombay using proforma invoices. The departmental investigation revealed that traders sold the cotton yarn at higher prices, including additional charges, leading to a demand of duty evasion and penalty imposed by the original authority.

2. The impugned order upheld the original authority's decision, rejecting the assessee's claim of being unaware of statutory changes requiring duty payment based on the consignment agent's sale price. The appellate authority found that the clearances were stock transfers, not sales, as claimed by the assessee, who had concealed facts and evaded duty.

3. The assessee argued that the proforma invoices were used to avoid double sales tax payment and that they informed the authorities about their sales pattern, stopping the practice upon learning of the legal change. The assessee contended that the demand notice was time-barred, and the penalty should be set aside.

4. Upon review, it was acknowledged that the assessee had a history of clearing goods under proforma invoices before the statutory change. However, the court found that the goods were stock transferred and sold to consumers by agents in Bombay, and the demand notice issued beyond the six-month period was time-barred. Consequently, the penalty imposition was unsustainable, leading to the appeal being allowed.

This judgment highlights the importance of complying with duty payment regulations, the consequences of suppressing facts, and the significance of adhering to statutory timelines for demand notices and penalties in taxation matters.