2008 (10) TMI 532 - AT - Central Excise

Demand and penalty - Time Limitation - stock transfer to sister unit - Held that - the appellants have been filing the returns regularly and furnishing all the information to the department, however, the department has not acted in time. In any case, after the lapse was pointed out to the appellants, they had paid the differential duty. In these circumstances, the penalty is not called for because the whole exercise is revenue neutral. Whatever duty is paid by the appellant is taken as Cenvat credit by the sister unit - longer period could not have been invoked - appeal allowed - decided in favor of appellant.

Summary

Issues:
- Duty liability on stock transfer of pharmaceutical drugs
- Application of Rule 8 of Valuation Rules
- Imposition of penalty under Section 11AC
- Invocation of extended period of five years
- Intent to evade payment of duty
- Applicability of case laws on revenue neutrality and suppression of facts

Analysis:

The appeal pertains to the duty liability on stock transfers of pharmaceutical drugs by the appellants to their sister concern. The audit revealed non-discharge of duty liability on stock transfers according to Rule 8 of the Valuation Rules. The lower authorities confirmed the duty, imposed penalties under Section 11AC, and invoked the proviso to Section 11A. The Commissioner (A) upheld the decision, leading to the appeal before the Tribunal.

The appellants argued that there was no intention to evade duty as the stock transfers were revenue neutral, with duty paid by one unit available as credit to the other. They cited relevant case laws supporting their stance. They contended that the extended period of five years should not apply in this scenario.

After considering the arguments, the Tribunal found that the appellants regularly filed returns and provided information to the department. The department's delay in acting was noted, and once the discrepancy was highlighted, the appellants paid the differential duty. The Tribunal observed that the penalty was unwarranted as the transactions were revenue neutral, with duty paid being credited to the sister unit. Citing relevant case laws, the Tribunal concluded that the extended period should not have been invoked. Consequently, the appeal was allowed with consequential relief.

In the operative part of the order pronounced in open court, the Tribunal granted relief to the appellants based on the revenue neutrality of the transactions and the absence of intent to evade duty. The decision was influenced by the appellants' compliance with filing requirements and the department's delayed response, ultimately leading to the allowance of the appeal and relief from penalties.