2013 (7) TMI 528 - AT - Central Excise

Penalty under Rule 25 of the Central Excise Rules, 2002 read with Section 11AC of Central Excise Act, 1944 - Goods manufactured by the appellants in their capacity as a vendors and cleared to another unit for supply to defence are eligible for exemption or not - Held that - In Sujan Industries vs. CCE, Mumbai 2007 (8) TMI 531 - CESTAT, MUMBAI , a view had been taken by the Respondents in this case that the goods manufactured by the vendors and cleared to a unit specifying the notification for supply to defence was eligible for the exemption and on this basis Respondents has taken a view that appellant cannot be faulted for taking a view in their favour - On this ground, Penalty was set aside. Held that - Since the period involved is prior to the date when issue regarding exemption was finally clarified and eligibility was decided and it was held that vendors are not eligible. Therefore, the penalty under Rule 25 read with Section 11AC is not levied Decided against the Revenue.

Summary

Issues involved: Whether goods manufactured by the appellants and cleared for supply to defense are eligible for exemption; Imposition of penalty under Rule 25 of Central Excise Rules, 2002 read with Section 11AC of the Central Excise Act, 1944.

Analysis:

Issue 1: Eligibility for Exemption

The case revolved around the eligibility of goods manufactured by the appellants, cleared for supply to defense, for exemption. The appellants initially availed the exemption but later paid the duty with interest upon being informed by the department that the exemption was not applicable. A show-cause notice was issued, leading to an order-in-original confirming duty demand and imposing penalty. The Commissioner (A) held that no penalty was imposable. The learned AR argued that the appellants were not eligible for exemption under Notification No.63/95-CE as they were not designated PSUs specified in the notification. However, the goods were supplied to a PSU named in the notification, which certified that the goods were for defense supply. The AR contended that the wording of the notification left no room for doubt, justifying the penalty imposition.

Issue 2: Imposition of Penalty

The central issue before the tribunal was the imposition of penalty under Rule 25 of Central Excise Rules, 2002 read with Section 11AC of the Central Excise Act, 1944. The Commissioner (A) referenced a previous case, Sujan Industries vs. CCE, Mumbai, where it was held that goods manufactured by vendors and cleared for defense supply were eligible for exemption. Considering the period involved in the present case was before the clarification on vendor eligibility, the Commissioner (A) set aside the penalty, noting that the appellants had already paid the duty. The tribunal upheld the Commissioner's decision, stating that the appellants had discharged their liability and were not contesting it, leading to the rejection of the stay application and appeal filed by the Revenue.

In conclusion, the tribunal found that the appellants were not at fault for availing the exemption initially, given the lack of clarity at the time. The decision of the Commissioner (A) to set aside the penalty was upheld, emphasizing that the appellants had already fulfilled their liability, resulting in the rejection of the Revenue's appeal.