2004 (11) TMI 132 - AT - Central Excise

Summary

Issues:
1. Availment of SSI Notification No. 8/99 and payment of duty on goods under brand names 'Chaitanya' and 'NGEF'.
2. Violation of conditions of exemption Notification 8/99 due to availing input credit.
3. Appeal against Orders-in-Appeal demanding duty and imposing penalties.
4. Maintaining separate registers for input credit availed.

Analysis:
1. The appellants, a manufacturing company, availed SSI Notification No. 8/99 but paid duty on goods under brand names 'Chaitanya' and 'NGEF'. The issue arose when it was found that they availed input credit for goods under the 'NGEF' brand, violating the exemption conditions. The department demanded duty and imposed penalties, leading to appeals against Orders-in-Appeal.

2. The appellant argued that simultaneous availment of SSI exemption and Modvat credit on branded goods was permissible. They contended that the longer period invoked by the department was unwarranted, citing similar past cases. However, the department maintained that the lack of separate registers for input credit prevented the appellant from claiming SSI exemption, as there was no evidence of non-availment of input credit for goods under the 'Chaitanya' brand.

3. The Tribunal analyzed the case and concluded that while simultaneous availment of SSI exemption and duty payment on branded goods with Modvat credit was allowed, the appellant failed to prove compliance. The appellant's admission of not maintaining separate accounts for inputs and final products of branded goods led to a clear violation of the exemption condition. Despite the department's actions and the Commissioner's decisions, the appellant's lack of precaution in record-keeping justified the invocation of a longer period for scrutiny.

4. Ultimately, the Tribunal upheld the duty demand on goods seized outside the factory but set aside the demand for goods found within the factory. The failure to maintain separate registers and establish a clear correlation between inputs and final products resulted in the rejection of the appeals against the Orders-in-Appeal. The judgment highlighted the importance of complying with exemption conditions and maintaining accurate records to avoid penalties and duty demands.