1988 (2) TMI 250 - AT - Central Excise

Summary

Issues:
Application for waiver of pre-deposit of duty and penalty imposed under the impugned order.

Analysis:
The petitioners were charged with clandestine removal of bimetallic strips without payment of duty. The petitioners argued that the strips were processed at one unit and utilized in manufacturing bearings at other units, with no evidence of suppression. They highlighted that the Department lacked concrete proof of clandestine removal. The show cause notice was issued belatedly, raising doubts on the classification of the goods. The petitioners emphasized that any duty evasion was illogical as they could claim credit for duty paid on the strips. The petitioners' wide publication of their manufacturing activities further supported their innocence.

The Department contended that the petitioners failed to obtain a license or pay duty for the removed strips, indicating suppression. They argued that the Department was not informed about the manufacturing activity, emphasizing the distinction between processing and manufacturing. The Department relied on the adjudicating authority's findings and asserted that publication in the Balance Sheet did not absolve the petitioners of suppression charges.

The Tribunal considered the evidence and circumstances. While not delving into the excisability of the goods, they analyzed the charge of suppression. Prima facie, they found that the Department had knowledge of the petitioners' activities through correspondence and public disclosures. The close proximity of units and regular oversight made clandestine removal unlikely. The delay in issuing the show cause notice further weakened the suppression claim. Consequently, the Tribunal directed a partial pre-deposit, indicating a lack of prima facie evidence to support the suppression charge. The remaining duty and penalty were waived pending appeal.