1982 (3) TMI 254 - Board - Central Excise

Summary

Issues:
- Classification of goods for Central Excise duty exemption under various notifications
- Time-barred demand for duty under Section 11A of the Act
- Justification of confiscation order and penalty imposition

Classification of Goods for Central Excise Duty Exemption:
The case involved an appeal by a glass manufacturer against a demand for duty on glass chatons. The manufacturer claimed exemption under various notifications, arguing that the chatons were exempt as glass beads or under specific notifications for glass rods. The Collector rejected the contentions, demanding duty and imposing penalties. The Board analyzed the manufacturing process and end use of chatons and beads, concluding that chatons did not qualify as beads for exemption under Notification No. 50/61. However, the Board accepted the exemption claim under Notification No. 185/62-C.E. till 1979 and Notification No. 71/78-C.E. thereafter, based on the value of clearances not exceeding a specified limit.

Time-Barred Demand for Duty:
The appellants contended that the demand for duty since 1976 was time-barred under Section 11A of the Act, as they had sought clarification on classification before production and had a bona fide belief in exemption. The Board considered the appellants' actions and concluded that the duty demand was not justified, setting it aside based on the appellants' genuine belief in exemption.

Justification of Confiscation Order and Penalty Imposition:
The appellants argued that the confiscation order and penalty imposition were unjust, as they believed their goods were exempt from duty and licensing requirements. The Board reviewed the submissions and found that the appellants acted in good faith based on their understanding of the law. Consequently, the Board set aside the confiscation order and revoked the imposed penalty, regulating the dutiability of chatons under Notification No. 80/80 based on specified financial year clearances.