2010 (6) TMI 696 - AT - Central Excise

Summary

Issues involved: Appeal against Commissioner's order regarding 'd' factor determination and duty demand, imposition of penalty, and applicability of penal provisions.

'd' factor determination: The appellant, a manufacturer of steel products, declared 'd' factor as 245, but officers measured it as 261, leading to a demand for differential duty. Commissioner re-determined 'd' factor as 258 based on technical reports. Tribunal initially held proceedings invalid post deletion of Section 3A, but High Court directed continuation. Appellant accepted 'd' factor as 258 but disputed the effective date of change.

Effective date of 'd' factor change: Appellant argued for no revision in production capacity determination due to wear and tear, citing precedents. Alternatively, sought effect from visit date or repair date. Disputed penalty imposition under Section 11AC instead of Rule 96ZP(1).

Penalty imposition: Appellant challenged penalty under Section 11AC, contending it should be under Rule 96ZP(1) only. Also, sought application of first proviso to Section 11AC for penalty calculation.

Decision: Tribunal upheld Commissioner's 'd' factor re-determination as 258 from 16-7-98, rejecting appellant's arguments on repair impact and penalty applicability. Upheld penalty under Rule 96ZP(1) and denied first proviso to Section 11AC application. Rejected the appeal, emphasizing duty payment with interest and proper penalty imposition under compounded levy scheme.