2009 (12) TMI 688 - AT - Central Excise

Summary

Issues:
1. Incorrect computation of duty on mineral water under Chapter Heading 2201.19.
2. Availing SSI exemption under Notification No. 8/89.
3. Discrepancy in determining the aggregate value of clearances for duty payment.
4. Imposition of penalty by the Deputy Commissioner.

Analysis:
1. The case involves the appellants, who are manufacturers of mineral water under Chapter Heading 2201.19, availing SSI exemption under Notification No. 8/89. The issue arose when it was discovered from the RT-12 return that the appellants wrongly computed the aggregate value of the first clearance for availing the exemption. They crossed the aggregate value of clearances of Rs. 100 lakhs, which should have been subject to duty at 16%, but they discharged duty at the concessional rate of 5%. Consequently, Show Cause Notices were issued proposing duty recovery and penalty imposition, which were confirmed by the Deputy Commissioner.

2. Upon hearing both sides, the Tribunal found no merit in the appellants' argument that the value under Section 4 should be adopted after arriving at the aggregate value of clearances for the purpose of Notification No. 8/99. The Tribunal clarified that the Notification defines value as per Section 4A of the Central Excise Act, 1944. Therefore, the Tribunal upheld the demands of duty. However, considering the question of interpretation of the Notification and the dichotomy between the definition of value in the Notification and Section 4A(ii) of the Act, the Tribunal decided that no penalty should be imposed. Consequently, the penalties were set aside.

3. In conclusion, the appeals were partly allowed by the Tribunal. The decision was made to confirm the demands of duty but to set aside the penalties imposed by the Deputy Commissioner. The Tribunal's decision was based on the correct interpretation of the Notification and Section 4A of the Central Excise Act, ensuring that penalties were not warranted in this case.

Judgment:
The Appellate Tribunal CESTAT, Chennai, in the case involving the incorrect computation of duty on mineral water under Chapter Heading 2201.19 and the availing of SSI exemption under Notification No. 8/89, upheld the demands of duty but set aside the penalties imposed by the Deputy Commissioner. The Tribunal clarified the correct interpretation of the Notification and Section 4A of the Central Excise Act, emphasizing that penalties were not justified in the given circumstances.