1984 (4) TMI 302 - AT - Central Excise

Summary

Issues:
- Whether the appellants were liable to pay Central Excise duty for exporting goods to Nepal without a license?
- Whether the demand for duty and penalty imposed on the appellants was time-barred?
- Whether the appellants derived any benefit from evading Central Excise duty?
- Whether the appellants were eligible for exemption from Central Excise duty and licensing control under relevant notifications?

Analysis:
1. The appellants, manufacturers of steel hinges, exported goods to Nepal without a Central Excise license. The Additional Collector of Central Excise held them liable for contravening the Central Excises and Salt Act, demanding duty and imposing a penalty.

2. In the appeal, the appellants argued that the goods were exempted under specific notifications as they were delivered to the purchaser in India before being exported to Nepal. They contended that the demand for duty was time-barred and penalty unjustified, citing cases to support their argument.

3. The appellants claimed they did not benefit from evading duty, as Nepalese authorities paid customs duties. They acknowledged not following prescribed export procedures but argued no mala fide intent.

4. The Respondent argued that the appellants were not eligible for exemption, as the goods were cleared for export to Nepal, not for home consumption, and payment was received from Nepal.

5. The Tribunal ruled that the demand for duty was time-barred, as the show cause notice did not allege misstatement or suppression of facts. The penalty was set aside, considering no intention to evade duty. The appeal was allowed based on the limitation ground.