2007 (4) TMI 174 - HC - Central Excise

Whether the particular goods were branded goods or not is an issue to be determined on the basis of embossing on the goods so it is only a Question of fact Goods cannot be said to be mis-declared as branded goods, to avail SSI exemption, if returned filed had already been approved by Dept.

Summary

Issues involved:
1. Appeal against concurrent orders passed by Commissioner (Appeals) and Customs, Excise and Service Tax Appellate Tribunal (CESTAT).
2. Allegation of mis-declaration and underpayment of duty by the respondent.
3. Classification of goods as branded goods and eligibility for small scale industry (SSI) benefits.
4. Application of penalty and interest retrospectively.
5. Interpretation of "suppression of facts" in relation to duty evasion.
6. Application of extended period of limitation.
7. Question of law regarding branded goods classification and suppression of facts.

Analysis:
1. The High Court of Bombay heard the appeal filed by the department against the concurrent orders passed by the Commissioner (Appeals) and CESTAT. The department alleged mis-declaration and underpayment of duty by the respondent, who was engaged in manufacturing motor vehicle parts and accessories. The dispute arose from the classification of goods as branded goods and the respondent's eligibility for SSI benefits under specific notifications.

2. The department claimed that the respondent mis-declared unbranded goods as branded goods to enjoy SSI benefits by keeping the turnover below the required limit. The Additional Commissioner held that the goods were not branded since they were used in manufacturing and not traded. The Commissioner (Appeals) relied on Supreme Court precedent to determine that the omission by the respondent did not amount to suppression of facts, as the department had approved the classification and returns filed by the respondent.

3. The Tribunal concurred with the Commissioner (Appeals) and dismissed the department's appeal on grounds of limitation and merits. The High Court noted that the classification of goods as branded goods was a question of fact and not a substantial question of law. The issue of suppression of facts by the respondent was also dismissed, as the department had approved the documentation and returns filed by the respondent, precluding any allegation of suppression.

4. The High Court concluded that no substantial question of law could be formulated for consideration in the appeal. The appeal was dismissed, emphasizing that the department's inability to successfully challenge the classification of goods and the absence of suppression of facts hindered the success of the appeal. The judgment upheld the decisions of the lower authorities and denied any interference based on the facts presented.