2007 (5) TMI 94 - AT - Customs

EOU - Revenue contended that appellant company having violated the paragraph 7 of Notification No. 53/97-Cus and accordingly demand were made along with penalty - Held that revenue contention was not correct and set aside

Summary

Issues:
Violation of Notification No. 53/97-Cus. paragraph 7 leading to demand of duty and penalties.

Detailed Analysis:
The case involved four appeals against an Order-in-Original confirming duty demand and penalties on the appellants. The issue revolved around the appellants, a 100% EOU, procuring duty-free inputs like Resin Coated Sand (RCS) for manufacturing camshafts. The Revenue contended that the appellants violated paragraph 7 of Notifications No. 1/95-C.E. and No. 53/97-Cus. by not complying with conditions, leading to duty liability. The appellants argued against the show cause notice, emphasizing that the duty exemption should apply as their final products were excisable. The adjudicating authority found the appellants in violation and upheld the duty demand and penalties.

The advocate for the appellants argued that paragraph 7 of Notification No. 53/97-Cus. aimed to restrict consumption of inputs for exempted products, exempting excisable final products from the embargo. The submission referenced a Tribunal decision affirmed by the Supreme Court to support their stance. On the other hand, the ld. SDR contended that the appellants clearly breached paragraph 7, emphasizing the duty liability on non-excisable rejected waste and scrap material.

Upon considering both arguments and examining the records, it was established that the appellants, being a 100% EOU, procured duty-free inputs for manufacturing exported final products. The burnt sand residue post-manufacturing was non-excisable and disposed of by the appellants. Analyzing the language of paragraph 7, it was noted that the duty liability was on non-excisable articles, which were the final products manufactured by the appellants. Referring to a Tribunal judgment, it was concluded that the appellants' case aligned with the precedent, upheld by the Supreme Court on appeal by the Revenue.

Consequently, the Tribunal found the impugned order demanding Customs duty and Central Excise duty unsustainable and set it aside, allowing all appeals with any consequential relief.