2001 (9) TMI 139 - AT - Central Excise

Summary

Issues:
1. Whether parts of P.D. Pumps manufactured by U.P. State Irrigation Workshop are chargeable to Central Excise Duty.
2. Whether interest and penalty are imposable on the parts under Section 11AB and 11AC of the Central Excise Act.

Analysis:
1. The main contention raised was regarding the chargeability of Central Excise Duty on the parts of P.D. Pumps manufactured by the U.P. State Irrigation Workshop. The appellant argued that the parts were not marketable, not of standard size, and not capable of immediate use, emphasizing that they were solely for self-use and not for commercial purposes. The appellant relied on various legal precedents to support their claim that the parts were not subject to excise duty. However, the respondent contended that Central Excise duty is leviable on all goods produced in the country unless exempted by specific notifications. The respondent argued that the parts in question were marketable and capable of being bought and sold, thus attracting excise duty. The Tribunal held that the parts of P.D. Pumps were indeed subject to Central Excise duty as they were manufactured in India and were capable of being brought to the market for commercial transactions.

2. The second issue revolved around the imposition of interest and penalty under Sections 11AB and 11AC of the Central Excise Act. The appellant argued that these provisions were not applicable as there was no deliberate misstatement or suppression of facts, and they were not obligated to pay duty on the parts. The respondent contended that the appellant had not disclosed the manufacture of excisable goods and had removed them without paying duty, justifying the imposition of penalty and interest. The Tribunal held that the provisions of Section 11AB and 11AC could not be applied retroactively but were applicable to demands arising after their insertion in the Act. The Tribunal remanded the matter to the Adjudicating Authority to determine the availability of exemptions under specific notifications and to reassess the duty, penalty, and interest based on the findings.

In conclusion, the Tribunal ruled in favor of the respondent, holding that the parts of P.D. Pumps were chargeable to Central Excise duty and that interest and penalty could be imposed under certain conditions. The matter was remanded for further adjudication to ascertain the applicability of specific notifications and to reassess the duty, penalty, and interest accordingly.