1986 (11) TMI 153 - AT - Central Excise

Summary

Issues:
1. Whether the Tribunal was justified in holding that the applicants cleared goods without permission and payment of excise duty?
2. Whether M/s. Unique Auto Gears were entitled to exemption from excise duty?
3. Whether the Tribunal erred in upholding the penalty for breach of Rule 56-C?
4. Whether the Tribunal was correct in confirming the demand against the applicants for alleged breach of Central Excise Rules?

Analysis:

Issue 1:
The case involved the Central Excise staff observing pump driving gears manufactured by M/s. Unique Autogears on job basis for the applicants. The goods were seized under suspicion of duty liability. The applicants claimed exemption under Notification No.105/80-C.E., stating the value did not exceed Rs. 30 lakhs. The Additional Collector ordered duty payment and imposed a penalty. The Tribunal, in 1985, upheld the duty payment and penalty, stating that despite applying for permission under Rule 56C, the applicants cleared goods without payment, holding them liable for duty.

Issue 2:
Regarding the entitlement of M/s. Unique Auto Gears to exemption, the applicants argued they were not primary manufacturers but suppliers of raw materials. They cited precedents where supplying raw materials did not constitute manufacturing. The Tribunal held that despite the clearances being under the exemption limit, the applicants cannot disown the duty liability as they opted for Rule 56-C procedure and the goods were cleared without payment.

Issue 3:
The questions of law raised on the penalty for breach of Rule 56-C and the demand against the applicants are consequential to the clearance issue. The Tribunal's decision on the penalty and demand is directly linked to the finding that the applicants cleared goods without payment despite applying for permission, thus upholding the penalty and demand.

Issue 4:
The questions referred to the High Court under Section 35-G of the Central Excises and Salt Act, 1944, seek clarification on whether the Tribunal's decisions were justified in holding the applicants liable for duty payment and penalty. The High Court is asked to address the issues of clearance without payment, the liability for duty, the relationship between the applicants and M/s. Unique Auto Gears, and the imposition of penalty for Rule 56-C breach.