2008 (10) TMI 503 - AT - Central Excise

Summary

Issues:
1. Duty payment on Hot Rolled Coils for producing Cold Rolled Coils for export.
2. Applicability of exemption notification conditions.
3. Comparison with similar case law for duty demand.
4. Consideration of penalty imposition.

Issue 1: Duty payment on Hot Rolled Coils for producing Cold Rolled Coils for export
The appellants obtained Hot Rolled Coils without paying duty to produce Cold Rolled Coils for export. Due to unforeseen circumstances leading to the cancellation of export orders, a portion of Cold Rolled Coils could not be exported. The appellants paid duty on the Cold Rolled Coils in cash, including the value of the Hot Rolled Coils. The Department raised a demand for duty on the Hot Rolled Coils procured without payment. The advocate argued that duty should have been paid on Hot Rolled Coils, taking credit for the same to pay duty on Cold Rolled Coils sold domestically due to the export order cancellation.

Issue 2: Applicability of exemption notification conditions
The advocate contended that the Hot Rolled Coils were used for their intended purpose of export production, as per the exemption notification conditions. However, due to circumstances beyond the appellants' control, some Cold Rolled Coils could not be exported. It was emphasized that there was no malicious intent, evident from the appellants' full cash payment of duty on the Cold Rolled Coils.

Issue 3: Comparison with similar case law for duty demand
Referring to a similar case decided by the Ahmedabad Bench, the advocate argued that duty demand should be set aside based on the payment of duty on finished goods. The advocate urged the application of the decision of the Principal Bench at Delhi in a related case to support the appellants' position. The advocate also requested leniency regarding the penalty imposed on the appellants.

Issue 4: Consideration of penalty imposition
After hearing both sides, the Tribunal acknowledged that the duty should have been paid on the Hot Rolled Coils initially, with credit taken for final duty payment on the Cold Rolled Coils. However, considering the appellants' circumstances and the payment of full duty on Cold Rolled Coils, the Tribunal found the duty demand on Hot Rolled Coils unsustainable. A penalty was imposed for the procedural violation of not paying duty on Hot Rolled Coils first. The Tribunal reduced the penalty amount and adjusted the pre-deposit made by the appellants against the penalty determined.

This judgment highlights the importance of complying with duty payment procedures and utilizing duty credits appropriately, emphasizing the need for proper advice to avoid procedural errors. The decision provides clarity on duty demands in cases of export order cancellations and the application of case law to support arguments for duty exemption.