2014 (8) TMI 133 - AT - Central Excise

Extended period of limitation - non payment of duty on crossing the SSI exemption limit - Bonafide belief - manufacturer of bakery products such as biscuits and cakes and also manufactures ice-creams - Held that - bona fide belief is not a blind belief and bona fide belief has to be formed after consulting experts in the field or after seeking clarification from the department - department has clearly directed the appellant that the appellant s products are excisable and excise duty liability requires to be discharged. In spite of this direction, the appellant chose to dispute this and contended that they are not liable to pay duty as biscuits and other bakery products cannot be treated as excisable products. Thus, despite receipt of the directions from the department, the appellant failed to discharge excise duty liability. Further, the appellant did not submit details sought by the department and continued to drag the issue by prolonged correspondence. In view of the above, suppression of information on the part of the appellant is clearly established - show cause notice is well within the time period of five years and accordingly the demand and interest thereon is sustainable and consequently penalty under Section 11A is also sustainable - Following decision of Commissioner of Central Excise vs. Mehta & Co. 2011 (2) TMI 2 - SUPREME COURT OF INDIA - Decided against assessee.

Summary

Issues:
- Duty demand confirmation along with interest and penalty imposition.
- Appellant's belief regarding excise duty liability.
- Appellant's failure to discharge excise duty liability.
- Invocation of extended period for demand confirmation.
- Suppression of information by the appellant.
- Relevant date for computation of time limit.

Analysis:
1. Duty Demand Confirmation: The appeal challenged an order confirming a duty demand of Rs. 63,276 along with interest and penalty imposed by the lower appellate authority. The appellant, a manufacturer of bakery products, availed small scale exemption but failed to discharge excise duty liability upon exceeding the exemption limit, leading to the demand.

2. Appellant's Belief: The appellant claimed a bona fide belief that their goods were not subject to excise duty. They argued that the department was aware of their activities but still demanded duty. The appellant's belief was based on the short-life nature of their products, leading to a plea for setting aside the penalty if duty demands were upheld.

3. Failure to Discharge Duty: The appellant did not take registration, file statutory returns, or maintain records after crossing the exemption limit. Despite reminders, the appellant failed to provide details, leading the department to issue a show cause notice. The appellant's failure to discharge duty and submit required information was highlighted.

4. Extended Period Invocation: The Revenue contended that the appellant did not take registration or file returns even after crossing the exemption limit, indicating a deliberate intent to evade duty. The invocation of an extended period for demand confirmation was supported based on the appellant's actions.

5. Suppression of Information: The Tribunal found that the appellant's claim of bona fide belief was not justified as they disregarded departmental directions to discharge excise duty. The appellant's failure to submit details and prolonged correspondence established suppression of information, leading to the dismissal of their appeal.

6. Relevant Date for Time Limit: Referring to a Supreme Court case, the Tribunal emphasized that the relevant date for computing the time limit is when the department acquires knowledge of the appellant's activities. As the show cause notice was issued within the five-year period from the date of acquiring knowledge, the demand, interest, and penalty were deemed sustainable.

In conclusion, the Tribunal dismissed the appeal, upholding the duty demand, interest, and penalty imposed on the appellant due to their failure to discharge excise duty liability, suppression of information, and the invocation of an extended period for demand confirmation.