2007 (8) TMI 186 - AT - Central Excise

Discount given to buyers by credit notes Since appellant produced various circulars issued by him to buyers so discounts should be deducted from assessable value Duty was paid prior to confirmation of order of Comm. so interest u/s 11AA not leviable Penalty not imposable

Summary

Issues involved:
1. Classification of micronutrients under Central Excise duty
2. Duty liability on cleared Plantomycin
3. Rejection of special discounts by the Commissioner
4. Demand of interest on duty
5. Imposition of penalties on individuals

Classification of micronutrients under Central Excise duty:
The appellants, engaged in manufacturing pesticides and micronutrients, were issued a show cause notice for the period from 1996 to 1999. The Adjudicating Authority dropped the demand for the first ground but confirmed duty on Plantomycin cleared by the appellants. The appellants challenged this order, leading to a hearing where it was established that the Plantomycin cleared by them in unit packs was indeed liable to duty. However, a dispute arose regarding special discounts given by the appellants, which were not reflected in the invoices. The appellants contended that the discounts were provided through credit notes at the end of each month, supported by circulars. The Tribunal found in favor of the appellants, allowing the abatement of discount from the assessable value.

Duty liability on cleared Plantomycin:
The Commissioner demanded interest on the duty confirmed, citing Section 11AB. However, the Tribunal noted that the notice was issued after the amendment to Section 11AB, making it inapplicable for demanding interest. Furthermore, Section 11AA did not apply as the duty was paid before the order confirmation. Consequently, the Tribunal set aside the interest demanded by the Commissioner.

Rejection of special discounts by the Commissioner:
The Commissioner also imposed penalties on individuals involved, justifying the invocation of the longer period due to alleged deliberate duty evasion. The appellants argued that they were under a genuine belief regarding duty payment, having rectified the situation upon realization. Citing relevant case laws, the Tribunal concluded that the penalties were not justified as there was no evidence of intention to evade payment of duty. Therefore, the penalties imposed on the individuals were set aside.

Conclusion:
After thorough analysis and consideration of the arguments presented, the Tribunal allowed all the appeals of the appellants, pronouncing the judgment on 8-8-2007.