1997 (11) TMI 151 - AT - Central Excise

Summary

Issues: Classification of engine parts under Chapter Heading 84.09 or 86.07, waiver of pre-deposit of duty and penalty, mis-statement and suppression of facts, direction for deposit of a specific amount.

In this judgment before the Appellate Tribunal CEGAT, the appellant, engaged in manufacturing diesel locomotives and parts, contested the demand of duty and penalty imposed by the Collector of Central Excise, Allahabad. The dispute centered around the classification of engine parts used in locomotives. The appellant argued that the engine parts should be classified under Chapter sub-heading 86.07 for duty exemption under Notification No. 197/87, while the Department classified them under Chapter Heading 84.09. The appellant contended that as engine parts are integral to locomotives, they should be exempt from duty. The appellant, a Government Department, claimed no intention to evade duty and argued that the demand was time-barred beyond six months, requesting a waiver of pre-deposit.

The Department opposed the waiver, alleging the appellant's failure to submit a classification list for engine parts, indicating mis-statement and suppression of facts. The Department argued that since the appellant paid duty on engines, they should have also paid duty on engine parts. The Department contended that even on merits, the case favored them. The Tribunal noted the need for detailed examination of records to determine mis-statement and suppression of facts, directing the appellant to deposit Rs. 2.00 Crore by a specified date, failing which the appeal would be dismissed. Compliance with the deposit order would stay the recovery of the remaining duty and penalty during the appeal's pendency.

The Tribunal scheduled a reporting compliance date for February 9, 1998, ensuring the appellant's adherence to the deposit directive. The judgment balanced the appellant's claim of duty exemption under a specific classification with the Department's allegations of non-disclosure and non-payment, emphasizing the need for a deposit pending further review of the case's merits and factual background.