1993 (8) TMI 200 - AT - Central Excise

Issues Involved:
1. Entitlement to the benefit of Notification No. 208/83 for rolling mills using ship breaking scrap.
2. Duty-paid status of inputs.
3. Applicability of larger time limit under Section 11A of the Central Excises and Salt Act, 1944.
4. Individual penalties under Rule 209A.

Issue-wise Detailed Analysis:

1. Entitlement to the benefit of Notification No. 208/83 for rolling mills using ship breaking scrap:
The primary issue was whether the rolling mills using ship breaking scrap were entitled to the benefit of Notification No. 208/83. The Tribunal noted that Notification 208/83 did not specify the origin of inputs but referred to goods falling under specific sub-items of Item 25 of the Tariff before 1-3-1986 and specific sub-headings of Chapter 72 after 1-3-1986. The Tribunal observed that the description of the products used for re-rolling or manufacture of final products matched the inputs described in the notification. Consequently, the Tribunal held that the appellants were entitled to the benefit of Notification No. 208/83 as long as the inputs used were akin to the goods mentioned in the notification.

2. Duty-paid status of inputs:
The Tribunal examined whether the inputs used by the appellants were duty-paid. The appellants contended that the re-rollable scrap purchased from the open market should be deemed duty-paid. The Tribunal agreed, noting that the explanation to Notification 208/83 deemed all inputs in the country to be duty-paid unless clearly recognizable as non-duty paid. However, the Tribunal held that ship breaking scrap purchased directly from ship breakers was clearly recognizable as non-duty paid and thus not eligible for the benefit of the notification. For inputs purchased from other sources, the Tribunal accepted them as duty-paid in the absence of evidence to the contrary.

3. Applicability of larger time limit under Section 11A of the Central Excises and Salt Act, 1944:
The Tribunal considered whether the demands of duty were barred by limitation under Section 11A. The appellants argued that the classification lists were duly approved, and there was no wilful misstatement or suppression of facts. The Tribunal, however, found that the appellants had wilfully misdeclared that the inputs used were duty-paid, justifying the invocation of the larger time limit under Section 11A. The Tribunal decided to examine the special facts and circumstances of each appellant's case individually.

4. Individual penalties under Rule 209A:
The Tribunal found a lack of material facts regarding the personal role of individuals in evasion of duty. Consequently, the Tribunal did not find justification for imposing penalties on the individuals in the cases of Tigrania Metal & Steel Ltd. and Amit Steel Rolling Mills.

Separate Judgments Delivered:

Tigrania Metal & Steel Ltd.:
The Tribunal remanded the matter to determine whether the demand was time-barred based on audit inspections. If the plea of audit inspection was found correct, the demand would be time-barred, and no penalty would be imposed.

Mangalore Steels:
The Tribunal held that the demand of duty was correctly confirmed, and the penalty was correctly imposed as the inputs were found to be non-duty paid.

Bharat Steel Products:
The Tribunal set aside the demand of duty for the period 1-3-1986 to 27-3-1987 but remanded the matter for the subsequent period to consider the effect of gate passes received with the consignments.

R.S. Industries:
The Tribunal set aside the demand of duty for both periods (1-8-1983 to 28-2-1986 and 1-3-1986 to 27-3-1987) and allowed the appeal, finding that the inputs were duty-paid.

Amit Steel Rolling Mills:
The Tribunal upheld the demand of duty and penalties, finding that the inputs were non-duty paid and the larger period of 5 years was rightly invoked.

Mahalaxmi Rolling Mills:
The Tribunal allowed the appeal, finding that the show cause notice did not allege that the inputs were non-duty paid, and the demand of duty and penalty was not sustainable.

Penalties on Individuals:
The Tribunal found no justification for imposing penalties on individuals in the cases of Tigrania Metal & Steel Ltd. and Amit Steel Rolling Mills due to a lack of evidence regarding their personal role in evasion of duty.

Conclusion:
The appeals were disposed of accordingly, with specific directions and remands based on the individual facts and circumstances of each case.

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