2009 (5) TMI 778 - AT - Central Excise

Summary

Issues:
1. Interpretation of Notification No. 22/2003-C.E. regarding exemption for TOR steel rods.
2. Imposition of penalty under Section 11AC of the Central Excise Act.

Interpretation of Notification No. 22/2003-C.E.:
The case involved M/s. Mani Omega Granites Pvt. Ltd., an EOU, availing exemption under Notification No. 22/2003-C.E. for TOR steel rods. The lower authorities contended that TOR steel rods were not covered under the notification, which listed exempted items for consumption by EOUs in the granite industry but did not specifically mention steel rods. The consultant for the appellants acknowledged this legal stance. The crux of the issue was the interpretation of the notification and whether TOR steel rods fell within its ambit. The tribunal analyzed the notification and noted that while items like steel chains and steel ropes were listed, steel rods were not included. The consultant contested the penalty of Rs. 50,000 imposed under Section 11AC of the Act, arguing that the Show Cause Notice did not allege willful suppression of facts or any other justification for invoking a larger period and imposing the penalty. The tribunal considered these arguments in its decision.

Imposition of penalty under Section 11AC:
Upon careful consideration of the facts and submissions from both sides, the tribunal found that the Show Cause Notice invoked a larger period under Section 11A but did not allege willful suppression of facts, fraud, or collusion by the appellants. As a result, the tribunal deemed the penalty imposed under Section 11AC as unsustainable. Consequently, the tribunal set aside the penalty of Rs. 50,000 and allowed the appeal to that extent. The judgment highlighted the importance of establishing willful suppression or other justifications for invoking penalties under Section 11AC of the Central Excise Act, emphasizing the necessity of such allegations in penalty proceedings.