2001 (8) TMI 163 - AT - Central Excise

Summary

Issues:
1. Rectification of mistake in Final Order Nos. 104 to 105/2001-D dated 17-4-2001.
2. Classification of the product 'jaljira' under Chapter 21 of the CETA.
3. Duty demand, penalty imposition, and interest.
4. Invocation of extended period of limitation under Section 11A of the Central Excise Act.
5. Burden of proof on the Department regarding concealment or suppression of facts.
6. Amendment of Section 11A of the Act by Section 110 of the Finance Act, 2001.
7. Misconceived application by the Revenue.

Analysis:
1. The Tribunal disposed of two appeals, one regarding the classification of 'jaljira' under Chapter 21 of the CETA and the other concerning duty demand, penalty, and interest. The first appeal was dismissed, while the second appeal was accepted due to the lack of evidence proving suppression or concealment of facts by the respondents.
2. The Revenue moved an application seeking rectification of mistake in the second appeal. The Revenue argued that after the amendment of Section 11A of the Act, suppression of facts about 'jaljira' manufacture should be presumed. However, the Tribunal rejected this argument, stating that the amended provisions do not provide for such a presumption by the adjudicating authority.
3. The Tribunal emphasized that no suppression or concealment of facts by the respondents regarding 'jaljira' manufacture was proven. The Department failed to discharge its burden of proof to confirm duty demand for an extended period under Section 11A. The Tribunal referenced various Apex Court judgments to support its decision.
4. The application by the Revenue was deemed misconceived and dismissed. The Tribunal clarified that the amended provisions of Section 11A do not mandate a presumption of suppression or concealment by the assessee. The Tribunal also distinguished the Alka Locks case cited by the Revenue.
5. Ultimately, the Tribunal found no merit in the Revenue's application and dismissed it, upholding the previous order. The decision was pronounced in open court, concluding the matter.