2002 (6) TMI 60 - AT - Central Excise

Summary

Issues involved: Determination of liability to pay countervailing duty (CVD) equivalent to various duties under different Acts on goods sold in the Domestic Tariff Area (DTA) by two assessees engaged in manufacturing and exporting.

Summary:
1. The appeals revolve around whether the appellants are obligated to pay 50% of the countervailing duty (CVD) in addition to other duties when selling goods in the DTA.
2. The proviso to Section 3(1) of the Central Excise Act and relevant notifications exempted certain excisable goods from excess duty when sold in India.
3. The department contended that the appellants should pay additional duties beyond basic Customs duty, leading to show cause notices being issued.
4. The appellants argued that CVD under the Customs Tariff Act was not envisaged under the exemption notifications, citing legal precedents.
5. The legal counsel highlighted that previous decisions were overruled by a Constitution Bench, and subsequent amendments to Section 3(1) of the Central Excise Act were made with retrospective effect.
6. Amendments to notifications clarified the duty exemptions, with retrospective effect not applied to certain amendments.
7. Despite amendments increasing duty liability, the nature and quantum of exemptions remained unchanged, leading to the conclusion that demands for short payment of duty were not justified before the amendment date.

In conclusion, the impugned orders were set aside, and the appeals were allowed based on the interpretation of relevant legal provisions and notifications.