1997 (1) TMI 248 - AT - Central Excise

Summary

Issues:
Demand of duty for goods cleared without payment as replacements for scrapped goods; Invocation of longer period of limitation.

Analysis:
The appeal concerns the demand of duty for goods allegedly cleared without payment as replacements for scrapped goods, invoking a longer period of limitation. The appellant's counsel argued two main points: firstly, some returned goods were repaired and not replaced, and secondly, the longer period of limitation should not have been invoked. The appellant contended that they intended to repair returned goods but had to provide replacements for irreparable items, a common trade practice. They maintained records as per regulations and claimed no intention to evade duty. However, the department argued that the appellants failed to inform authorities about scrapped goods being replaced without duty payment, indicating an intent to evade duty. The lower authority's failure to address the appellant's arguments was raised as a procedural flaw.

Regarding the goods sent as replacements without duty payment, the tribunal found the appellant admitted the issue with rectification possibilities being remote for most items except fly-wheel magnetos. The appellant could only prove repair and return for a small quantity of fly-wheel magnetos, lacking evidence for the rest, leading to the demand confirmation. The tribunal upheld that replacements were sent without duty payment for other goods, supported by authorities' findings. The lack of evidence of proper accounting further strengthened the duty demand's validity.

On the matter of limitation, the tribunal noted the appellant's failure to disclose the scrapping of goods and replacements sent without duty payment in the RG-1 register, as required by regulations. The appellant's misleading entries in records to conceal replacements indicated an intent to evade duty. The tribunal dismissed the appellant's plea on limitation, as they did not address the allegations during the show cause notice or personal hearing. Considering the appellant's duty payment before adjudication, the tribunal reduced the penalty to Rs. 5,000, maintaining the duty demand. The appeal was dismissed, except for the penalty modification.