2014 (7) TMI 1074 - AT - Central Excise

100% EOU - procuring duty free raw materials from other 100% EOUs by following CT-3 procedure - manufacturers of texturised yarn, grey fabrics and MMF - allegation that texturised yarn rejects were cleared in DTA without obtaining permission from the Development Commissioner - eligibility of Notification No.8/97-CE and whether the goods received from other 100% EOU shall be treated as imports - Held that - Simply by procuring such indigenously manufactured raw materials from another 100% EOU will not make them imported goods as suggested by Revenue. Relevant provisions of the EXIM Policy, considering transfer of goods from one 100% EOU to another 100% EOU as imports, are serving altogether a different purpose and will not make the goods manufactured in India as imported goods. - Decided against the revenue. Requantification of differential duty - Held that - Revenue is right in agitating that though value of the raw material used in the manufacture of Rejects has been taken for requantification of duty on rejects but such a requantification does not represent duty demand on the raw materials. The appeal of the Revenue to the extent of requantification allowed - matter remanded back - Decided partly in favor of revenue.

Summary

Issues:
1. Eligibility of Notification No.8/97-CE for duty payment.
2. Treatment of goods received from other 100% EOU as imports.
3. Requantification of duty on DTA clearance of rejects.
4. Imposition of penalty on the respondent.

Issue 1: Eligibility of Notification No.8/97-CE for duty payment:
The appeals by the Revenue were against orders-in-Appeal, where the first appellate authority had held that the respondent, a 100% EOU, was eligible for the benefit of Notification No.8/97-CE. The respondent had procured duty-free raw materials from other 100% EOUs for manufacturing goods cleared as 'Rejects' in DTA. The first appellate authority determined that indigenous raw materials were used, making the respondent eligible for the notification. The Revenue contended that the benefit was only for goods acquired from DTA units, not from other 100% EOUs. However, the Tribunal upheld the first appellate authority's decision, stating that goods procured from indigenous sources did not qualify as imports, dismissing the Revenue's appeal.

Issue 2: Treatment of goods received from other 100% EOU as imports:
The Revenue argued that goods received from one 100% EOU to another should be treated as imports, citing EXIM Policy provisions. However, the Tribunal clarified that such goods procured from indigenous sources did not constitute imports, emphasizing that the purpose of the policy provisions was distinct. Therefore, the Tribunal dismissed the Revenue's appeal on this issue.

Issue 3: Requantification of duty on DTA clearance of rejects:
The duty demanded on DTA clearance of rejects was challenged by the Revenue. The duty was calculated based on the value of raw materials used in manufacturing the rejects. The Tribunal observed that the methodology and quantum of duty were not disputed by the respondent. Consequently, the Tribunal ruled in favor of the Revenue, stating that the requantification represented duty on the rejects, not on raw materials, and upheld the duty payment along with interest.

Issue 4: Imposition of penalty on the respondent:
The first appellate authority had set aside the penalty imposed on the respondent. The Revenue contended that the penalty should have been upheld. However, the Tribunal found the issue open to interpretation and accepted the first appellate authority's reasoning, concluding that no penalty was warranted. Consequently, the appeals filed by the Revenue were disposed of, affirming the decisions on the eligibility of Notification No.8/97-CE, requantification of duty, and the imposition of penalty.

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