2010 (9) TMI 1041 - AT - Central Excise

Summary

Issues:
1. Upholding of demand of duty and imposition of penalty for the period April 1997 to June 1998.
2. Similar issues in two appeals - Appeal No. 5/472/2008 and Appeal No. E/1430/2010.

Analysis:
1. The appellant, a 100% EOU manufacturing terry towels, procured duty-free cotton yarn subject to conditions. The Department alleged excess waste generation beyond permitted norms, leading to duty demand under Rule 196 of Central Excise Rules, 1944, and penalties. Orders confirmed demands and penalties, upheld by the Commissioner (Appeals).

2. The Advocate argued that all raw materials were properly accounted for, and waste occurred during shearing doesn't imply misuse of yarn. Citing precedent, Advocate contended Department of Industrial Development should address excess wastage issues. The Department, however, equated waste norms to SION norms, justifying duty demands under Rule 196.

3. After hearing both sides, the Tribunal noted waste norms are industry averages, not absolute values. The appellant's efficient use of inputs was acknowledged, with no diversion of duty-free inputs proven. Consequently, Tribunal found no violation of Chapter X Procedure or justification for duty demand under Rule 196.

4. Given the lack of sustained demand, penalties were deemed unnecessary. Higher wastage alone couldn't warrant penalties unless diversion of duty-free inputs occurred. As the inputs were utilized for manufacturing terry towels, penalties were not justified.

5. Ultimately, the appeals were allowed with consequential relief, emphasizing the absence of duty demand justification and penalty imposition necessity based on the findings and submissions presented.