2017 (2) TMI 1300 - HC - Central Excise

Extended period of limitation - evasion of duty - clandestine removal - Held that - the order of the CESTAT does not reflect any findings on the point of extended period as raised by the appellant and also issuance of show cause notice demanding duty by invoking the extended period of limitation under Section 11A(1) of the Act. Without there being a finding or discussion on the said point by CESTAT, it should not be appropriate for this Court to deal with the issue on merits. Instead of disposing the matter on merits, it would be appropriate for us to direct the CESTAT/1st respondent herein to consider the same on the issue of invocation of extended period of limitation as well as the action being initiated after the extended period, invoking proviso to Section 11A of the Central Excise Act. Appeal disposed off.

Summary

Issues:
1. Interpretation of manufacturing activity under a Memorandum of Understanding.
2. Role of the appellant in the manufacturing process and application of Notification No. 214/86.
3. Admissibility of certain evidence under Sections 36A and 36B of the Central Excise Act, 1944.
4. Invocation of extended period of limitation under Section 11A of the Central Excise Act.

Analysis:
1. The appellant challenged the order passed by the Customs, Excise, and Service Tax Appellate Tribunal (CESTAT) regarding the manufacturing activity under a Memorandum of Understanding (MOU) with M/s. CP Spinning Mills. The appellant argued that they had no role in the manufacturing process, and CPSM controlled all operations, expenses, and statutory liabilities. The Tribunal upheld the duty demand and penalties, leading to the appellant's appeal to the High Court.

2. The appellant, engaged in manufacturing cotton yarn, faced allegations of clearing goods without paying excise duty. The Commissioner confirmed duty demand, penalties, and interest, which were later upheld and enhanced by the Tribunal. The appellant disputed the imposition of duty and penalties due to alleged clandestine disposal of goods, leading to the current appeal before the High Court.

3. The High Court examined the admissibility of evidence under Sections 36A and 36B of the Central Excise Act, 1944, raised by the appellant. The Court noted the absence of findings by CESTAT on the invocation of the extended period of limitation under Section 11A(1) of the Act. The Court directed CESTAT to consider the issue of limitation and the action initiated after the extended period, emphasizing the need for a thorough review before passing appropriate orders.

4. The Court refrained from expressing an opinion on the limitation issue and instructed CESTAT to address all grounds raised by the appellant. The Court directed CESTAT to complete the review within three months and kept the substantial questions of law pending for future consideration if necessary. The civil miscellaneous appeal was disposed of with no costs, emphasizing the importance of a comprehensive review of the limitation issue by CESTAT.