2008 (9) TMI 63 - SC - Central Excise

Mis-declaration of Complete pre-fabricated buildings as Steel structures undervaluation Tribunal s finding that the appellant received orders from the defence authorities for complete pre-fabricated buildings classifiable under Sub-heading 94.06, not under SH 7308.90, is a finding of fact which does not call for any interference larger period is invokable, as there was suppression of fact demand is justified

Summary

Issues:
1. Classification of products under Central Excise Tariff Act.
2. Invocation of extended period of limitation under Section 11A of the Act.
3. Adjudication process and principles of natural justice.

Classification of products under Central Excise Tariff Act:
The case involved the appellant receiving supply orders for pre-fabricated structures, which were classified as "steel structures" under Chapter Heading 73.08. However, a show cause notice was issued alleging misclassification and evasion of excise duty by declaring the products incorrectly. The notice claimed that the products should have been classified as pre-fabricated buildings under Sub-heading 94.06, leading to a demand for payment of duty and penalties. The investigation revealed that the orders were indeed for complete pre-fabricated buildings, not just steel structures. The Tribunal confirmed this finding, stating that the appellant received orders for buildings classifiable under Sub-heading 94.06, and the supply was made accordingly. The Tribunal's decision on the classification issue was based on factual findings and was upheld, as it did not warrant interference.

Invocation of extended period of limitation under Section 11A of the Act:
The appellant was issued a show cause notice invoking the extended period of limitation under Section 11A of the Act for allegedly evading excise duty and undervaluing the products. The authorities confirmed the demand and imposed penalties, which were later reduced by the Tribunal. The Tribunal found that there was suppression of material facts by the appellant, justifying the invocation of the extended period of limitation. It was held that the revenue was correct in invoking Section 11A due to the appellant's actions. The Tribunal's decision on this issue was agreed upon, emphasizing that the appellant's conduct warranted the extended period of limitation under the Central Excise Act, 1944.

Adjudication process and principles of natural justice:
The appellant raised concerns about the adjudication process, alleging a lack of opportunity to cross-examine or make submissions during the initial proceedings. The matter was remanded to the Collector by the Tribunal with directions to afford the appellant the opportunity for cross-examination and submissions. The appellant subsequently filed written submissions, and the Collector confirmed the demand and penalties. The Tribunal, in its order, found that there was no violation of principles of natural justice and that adequate opportunities were provided to the appellant during the adjudication process. The Tribunal rectified the mistake made by the authorities below by remanding the matter to provide the appellant with the opportunity that was previously denied. The decision to dismiss the appeals was based on the Tribunal's findings regarding the adjudication process and principles of natural justice.

In conclusion, the Supreme Court upheld the Tribunal's decision, dismissing the appeals and directing the parties to bear their own costs. The judgment provided a detailed analysis of the issues related to classification, limitation, and procedural fairness in the adjudication process, emphasizing the importance of factual findings and compliance with legal principles.