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2000 (7) TMI 143 - AT - Central Excise
Issues involved: Whether exemption under Notification No. 1/93-C.E. and Notification No. 214/86-C.E. is available to the goods manufactured by the appellants.
Summary: In the four appeals before the Appellate Tribunal, the common issue was the availability of exemption under Notification No. 1/93-C.E. and Notification No. 214/86-C.E. for goods manufactured by the appellants. The appellants manufactured untrimmed sheets/circles of copper, copper alloys on a job work basis without paying excise duty. The demand for excise duty was confirmed by the Assistant Commissioner and Commissioner (Appeals). The Assistant Commissioner re-adjudicated the matters and confirmed the duty demand against all appellants, citing non-compliance with the conditions specified in the notifications. The appellants argued that the duty liability should lie with the supplier of raw materials as per the notifications. However, the Adjudicating Authority upheld the duty demand, leading to the reduction of penalties imposed on the appellants. The ld. Advocate for the appellants contended that the products manufactured were not liable to excise duty as they were not marketable, citing relevant case law and clarifications from the Principal Collector. On the other hand, the ld. DR argued that the appellants had not complied with the conditions of the notifications and were liable to pay excise duty on the manufactured goods. The Tribunal considered the submissions of both sides and upheld the duty demand, noting that the appellants had not provided evidence to prove compliance with the conditions of Notification No. 214/86. The Tribunal also clarified that the supplier of raw material was responsible for discharging duty on finished products, not on goods manufactured on a job work basis. Consequently, the penalty imposed on the appellants was reduced. In conclusion, the Tribunal upheld the demand for Central Excise Duty as confirmed by the Commissioner (Appeals) in the impugned orders, while reducing the penalties imposed on all appellants.
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