1999 (8) TMI 386 - AT - Central Excise

Summary

Issues:
1. Confirmation of duty amount on goods cleared under Notification No. 175/86-C.E.
2. Confirmation of duty on clandestinely removed Tin Containers and imposition of penalty.

Analysis:

Issue 1:
The appeal challenged the Order confirming a duty amount on goods cleared during a specific period under Notification No. 175/86-C.E. The Additional Commissioner upheld the duty on the grounds that the appellants were using the brand-name of entities not eligible for small-scale exemption. The appellants argued that affixing the brand-name of the product to be packed did not exclude them from the notification's scope. They cited clarifications from the Board and subsequent acceptance by Central Excise Authorities for later periods. The Tribunal, considering submissions from both sides, concluded that the appellants were entitled to the small-scale exemption under Notification No. 175/86-C.E. and set aside the duty demand of Rs. 3,10,029.63.

Issue 2:
Regarding the duty on clandestinely removed Tin Containers and the imposed penalty, the appellants contended that the duty calculation was incorrect as they were now deemed eligible for the notification's benefit. They argued that the duty was quantified at the full rate without considering the assessable value reflected in their accounts. The Tribunal agreed with the appellants, setting aside the duty demand of Rs. 88,666.00 and the penalty of Rs. 40,000.00. The matter was remanded to the original adjudicating authority for re-calculation of duty on the Tin Containers, applying the appropriate rate under Notification No. 175/86-C.E. and determining the assessable value lawfully. The penalty amount would also be re-evaluated based on the final duty calculation outcome, allowing the appellants to present their defense before the adjudicating authority. The impugned Order was modified accordingly.