2009 (7) TMI 1063 - AT - Central Excise

Summary

Issues:
- Appeal against the order of the Commissioner (Appeals) setting aside the demand of duty and penalty imposed by the original authority.

Analysis:
The case involved an appeal against the order of the Commissioner (Appeals) setting aside the demand of duty of Rs. 30,645/- and a penalty of equal amount imposed by the original authority. The respondent was engaged in manufacturing and clearing non-alloy steel products under the compounded levy scheme. The original authority alleged that based on some invoices showing the purchase of alloy steel ingots, the respondent must have clandestinely produced and cleared alloy steel products. However, the Commissioner (Appeals) found that the appellants were working under the Compounded Levy Scheme for manufacturing re-rolled products from non-alloy steel. The Commissioner observed that there was no evidence to support the claim that the respondents were capable of rolling alloy steel products. The Commissioner held that the demand for recovery of duty under Section 3 of the Act for one consignment of alloy steel could not be upheld based solely on one invoice.

The Commissioner found no material to contradict the fact that the respondents were not capable of rolling alloy steel products. Consequently, the appeal by the Department was deemed liable for rejection. The Commissioner upheld the decision of the Commissioner (Appeals) and rejected the appeal against the demand of duty and penalty imposed by the original authority.