2014 (12) TMI 533 - AT - Central Excise

Clearances of fabrics to DTA in excess of the permission granted by the Development Commissioner - Held that - if the assessee exceeded the limit prescribed by the Development Commissioner, a show-cause notice should have been issued within the normal period since the clearances have taken place with the knowledge of the Department shown in the returns and an assessee is required to maintain records. We also agree with the finding of the Commissioner that it is also the responsibility of the Revenue to ensure that the clearances made under proper documents and in accordance with law and do not exceed the limit prescribed by the Development Commissioner. In such a situation, extended period could not have been invoked and there could not have been intention to evade payment of duty or suppression of facts. In any case, when the deemed export value is included, the appellant has not cleared any excess quantity. - Decided against Revenue.

Summary

Issues:
1. Excess clearances of fabrics to DTA beyond permission granted by Development Commissioner.
2. Inclusion of deemed exports for arriving at 50% quantity/value cleared to DTA.
3. Exceeding the limit prescribed by Development Commissioner without issuance of show-cause notice.
4. Invocation of extended period for duty demand without intention to evade payment or suppression of facts.

Analysis:
1. The judgment dealt with a case where a 100% EOU was involved in the manufacture of grey fabric and faced proceedings for exceeding clearances to DTA beyond the permission granted by the Development Commissioner. The demand for duty, interest, and penalty was confirmed at &8377; 14,25,910. The appellant argued against the decision of the Commissioner(Appeals) regarding the inclusion of deemed exports for calculating the quantity/value cleared to DTA. The Tribunal noted precedents against the Revenue on this issue, citing the case of Amitex Silk Mills Pvt. Ltd. Vs. CCE, Surat-I [2006(194) ELT 344 (Tri. Del.)], and ruled in favor of the respondent, rejecting this ground of appeal.

2. Another issue raised was the alleged exceeding of the limit prescribed by the Development Commissioner without the issuance of a show-cause notice within the normal period. The Tribunal agreed with the Commissioner(Appeals) that in case of such excess, a show-cause notice should have been issued timely. It was emphasized that the Department had knowledge of the clearances through returns, and the responsibility lies with both the assessee and the Revenue to ensure compliance with prescribed limits. The Tribunal held that the invocation of the extended period for duty demand was not justified in the absence of intent to evade payment or suppression of facts, especially when no excess quantity was cleared when deemed export value was considered.

3. Ultimately, the Tribunal found no merit in the appeal filed by the Revenue and rejected the same. The judgment highlighted the importance of adherence to prescribed limits, timely actions by the authorities, and the responsibility of both parties in ensuring compliance with legal requirements. The decision provided clarity on the issues raised and emphasized the need for proper documentation, adherence to regulations, and fair treatment in duty-related matters.