2008 (4) TMI 257 - AT - Central Excise

SSI unit accountal of clearance to compute exemption limit - allegation of crossing of exemption limit burden/duty is of assessee to keep proper record of all clearances, not on revenue demand sustainable in respect of demand on ground of clandestine removal, matter is remanded to Commissioner to deal with the aspect if goods loaded from other unit, statement of transporter, clam of issue of debit notes after clearance etc.

Summary

Issues: Duty demand based on exemption limit, demand due to clandestine removal, challenge to small quantum demands, enhancement in value after clearance, duty payment after removal, penalty amount determination.

In this judgment by the Appellate Tribunal CESTAT AHMEDABAD, the duty demand against the appellant was confirmed on various grounds. Firstly, a part of the demand was upheld due to the denial of the benefit of Notification No. 1/93 as the exempted limit was crossed in one invoice. The appellant argued that the demand was not sustainable on limitation grounds as they had filed the required RT 12 return. However, the tribunal held that it was the duty of the assessee to monitor clearances and that the demand was justified. The tribunal ordered confirmation of this demand.

Secondly, another part of the demand was confirmed based on findings of clandestine removal. The appellant provided evidence that the goods were cleared from their sister unit in Nasik, supported by Central Excise invoices and lorry receipts. Despite this, the adjudicating authority rejected the evidence solely based on the transporter's statement that the goods were loaded from the Daman factory. The tribunal agreed with the appellant's contention that the documentary evidence should have been given more weight and remanded the matter to the Commissioner for further examination.

Regarding the demands raised in Annexure 5 & 6, the appellant did not challenge them due to their small quantum, leading to the confirmation of these demands. The tribunal also addressed the issue of enhancement in value after clearance, where the appellant raised debit notes against customers post-clearance. The matter was remanded to the Commissioner for fresh examination based on the appellant's submissions and relevant legal precedents.

Furthermore, the appellant argued that in some instances, they cleared goods without duty payment but subsequently paid the duty. They also removed inputs under challans and paid duty, questioning the second confirmation of demand for the same. The tribunal directed the Commissioner to consider this aspect in the remand proceedings.

Lastly, the tribunal emphasized that the appellant should be given an opportunity to present their case, and the penalty amount would be determined based on the outcome of the fresh proceedings. All issues were kept open for a fresh decision based on the observations made in the judgment. The appeals were disposed of accordingly, with the pronouncement made in court on 11-4-2008.