2011 (4) TMI 597 - AT - Central Excise

Waiver of pre-deposit - CENVAT Credit of CVD and SAD - Plastic granules imported under Notification No. 32/2005-Cus., dated 8-4-05 and sent to various job workers for conversion into plastic films/sheets - Such sending of the granules to job workers was in terms of Notification No. 214/86-CE - Subsequently, films/sheets were sold to independent buyers as also to some of the job workers - Revenue denie the benefit of Notification No. 32/2005-C.E. as the appellants have violated the Condition No. 3 of Notification, inasmuch as the parties to whom the granules were sent can neither be considered as job workers or the supporting manufacturers, inasmuch as their names were not endorsed on the licences - The Public Notice is very clear and prescribes a procedure for getting the goods manufacture through job worker - The only bar is that the sale of imported product cannot be effected to the job worker prior to conversion. As such, we are of the view that the appellants have been able to make out a good prima facie case in their favour - Decided in favour of assessee.

Issues:
1. Confirmation of Customs duty and denial of CENVAT Credit.
2. Imposition of penalties under Customs Act and Central Excise Act.
3. Violation of Notification No. 32/2005-C.E.
4. Interpretation of Public Notice No. 13/2007 regarding job workers and supporting manufacturers.

Analysis:

1. The judgment involves the confirmation of Customs duty and denial of CENVAT Credit to M/s. Rachna Seeds Industries. The Commissioner confirmed the duty amount and penalties under the Customs Act and Central Excise Act. The duty was imposed for importing plastic granules against a Duty Free Credit Entitlement Certificate under the Target Plus Scheme. The appellants paid the required duties on imported goods and availed credit but faced allegations of violating Notification No. 32/2005-C.E.

2. The penalties were imposed under Section 114 of the Customs Act, 1962, and Section 11AC of the Central Excise Act, 1944. Additionally, penalties were imposed on other individuals acting as job workers/supporting manufacturers under Section 112(b)(ii) of the Customs Act, 1962. The judgment considered the duty confirmation and penalty imposition based on the impugned order passed by the Commissioner.

3. The issue of violation of Notification No. 32/2005-C.E. arose due to Revenue's view that the appellants breached Condition No. 3 of the notification. The Revenue contended that the parties receiving the granules were not endorsed on the licenses as job workers or supporting manufacturers, leading to the denial of duty-free importation benefits. This interpretation led to the initiation of proceedings resulting in the impugned order by the Commissioner.

4. The judgment analyzed Public Notice No. 13/2007, emphasizing the distinction between job workers and supporting manufacturers. The Commissioner's interpretation of the notice was challenged, stating that the notice outlines a procedure for manufacturing goods through job workers and prohibits the sale of imported goods to job workers before conversion. The judgment disagreed with the Commissioner's reasoning, finding that the appellants had a prima facie case in their favor and had paid the required excise duty on goods manufactured by job workers.

In conclusion, the Appellate Tribunal CESTAT, Ahmedabad, allowed the Stay Petitions filed by the appellants, dispensing with the pre-deposit condition of duty and penalties. Both parties were granted the liberty to file an early hearing application due to the significant amount involved in the case.

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