1997 (3) TMI 299 - AT - Central Excise

Summary

Issues: Classification of inputs for Modvat availed, imposition of penalty on appellants, liability of suppliers for penalty.

Classification of inputs for Modvat availed:
The appellants manufactured aluminium wire rods using aluminium plates supplied by three manufacturers. The department alleged that the inputs were incorrectly classified under Heading 7601.90 instead of 7606.10. A show cause notice was issued for wrongly availing Modvat amounting to Rs. 65,44,206.90. The Collector confirmed the demand and imposed a penalty of Rs. 5 lakhs on the appellants. The appellants contested the classification, arguing that the responsibility for correct classification lies with the jurisdictional officers controlling the factory of the manufacturer of inputs. The Tribunal held that the Collector's interpretation of Rule 57G(2) was incorrect. It stated that the receiving manufacturer cannot be held responsible for the classification of inputs and that the Collector did not have the authority to change the classification approved by another Collector. The Tribunal set aside the order of the Collector, ruling in favor of the appellants.

Imposition of penalty on appellants:
The appellants argued that since the Collector accepted that the misclassification was not deliberate to benefit the receiver, there was no basis for imposing a penalty. They contended that the show cause notice did not claim any willful misstatement by the appellants. The appellants also argued that the demand was barred by limitation. The Tribunal agreed with the appellants, stating that there was no evidence of willful misstatement by the appellants, and the demand for penalty was unjustified. The Tribunal ruled in favor of the appellants, setting aside the penalty imposed by the Collector.

Liability of suppliers for penalty:
The Collector did not impose any penalty on the suppliers of the inputs, stating that there was no evidence of willful misstatement by them. The appellants argued that since the suppliers were not penalized, there was no justification for penalizing the appellants. The Tribunal agreed with the appellants, stating that if the suppliers were not found guilty of willful misstatement, there was no reason to penalize the appellants. The Tribunal set aside the penalty imposed on the appellants, considering the exoneration of the suppliers.