2010 (1) TMI 1014 - AT - Central Excise

Summary

Issues involved: Duty demand on polyester crimped yarn cleared under CT-3 certificate, liability of duty on raw materials used, retraction of statement by partner of receiving unit, responsibility for payment of duty, contradiction between documentary evidence and statements.

Duty demand on polyester crimped yarn cleared under CT-3 certificate:
The duty of Rs. 1,11,467/- was demanded with interest and penalty equal to duty imposed due to the non-receipt of goods by the receiving unit, Vibha Impex, despite clearance under a CT-3 certificate. The department contended that duty should be demanded on the finished products. The appellant argued that all procedural formalities were followed, including sending required forms to the Range Superintendent, and relied on Tribunal decisions supporting their case.

Liability of duty on raw materials used:
The department sought confirmation of duty on raw materials used in manufacturing polyester crimped yarn. The appellant argued that duty need not be demanded on raw materials once duty is imposed on finished products, citing Tribunal decisions and emphasizing compliance with procedural requirements.

Retraction of statement by partner of receiving unit:
The partner of the receiving unit initially stated that goods were not received and transport was not arranged, shifting duty liability to the supplier. However, a retraction was made later. The Tribunal analyzed the contradictory statements and documentary evidence, ultimately holding the duty liability to fall on Vibha Impex instead of the supplying unit, Nayana Textiles.

Responsibility for payment of duty:
The department argued that duty responsibility lies with the appellant due to non-payment and non-receipt of goods by the receiving unit. They relied on the non-existence of the transporter and the partner's involvement in arranging transport. The Tribunal considered these arguments along with the contradictory evidence and statements, ultimately shifting duty liability to Vibha Impex based on the evidence presented.

Contradiction between documentary evidence and statements:
The Tribunal noted a contradiction between the documentary evidence and statements at the receiving unit, Vibha Impex, regarding the receipt of goods. In contrast, the statements and evidence at the supplying unit, Nayana Textiles, were found to be consistent. This led to the conclusion that duty liability should be borne by Vibha Impex rather than Nayana Textiles. The appeal by Nayana Textiles succeeded on this basis.

Decision on liability of raw materials:
Neither party could provide specific decisions regarding the liability of raw materials when finished products have already incurred duty. The Tribunal considered past decisions and remanded cases but ultimately held that when finished products have already been taxed, there is no need for additional duty on raw materials. Consequently, the department's appeal was rejected, and the cross objection by Nayana Textiles was disposed of accordingly.