1993 (10) TMI 140 - AT - Central Excise

Summary

Issues:
1. Whether the cartons manufactured by the appellants were eligible for exemption under Notification No. 144/82-C.E., dated 22-4-1982.
2. Whether the demand issued to the appellants was time-barred.

Analysis:

Issue 1:
The appellants argued that their cartons, made of mill board backed by PVC film, were eligible for exemption under Notification No. 144/82. They contended that the use of other materials in the cartons was permissible under the proviso to the notification, as long as it did not exceed one third of the total weight of the ingredients. However, the Tribunal found that the cartons, being backed by PVC film, could not be considered as wholly made of mill board. The decision in a similar case was distinguished, where the process of bituminization did not add material to the paper, unlike the PVC film backing in this case. Therefore, the Tribunal upheld that the appellants' cartons were not eligible for exemption under the notification.

Issue 2:
Regarding the time-barred demand, the department argued that the appellants had stopped paying duty and maintaining records after the issuance of Notification No. 144/82. The Collector (Appeals) found that the extended period under the proviso to Section 11A was applicable due to the appellants' suppression of facts by not providing requested information and failing to file the revised classification list. The appellants claimed they had provided the necessary information and that the classification list was returned for minor corrections, but they failed to prove its resubmission after corrections. The Tribunal agreed with the Collector (Appeals) that the appellants' failure to comply amounted to suppression of facts, justifying the application of the extended 5-year recovery period under the proviso to Section 11A. Consequently, the Tribunal rejected the appeal based on these findings.