1999 (12) TMI 194 - AT - Central Excise

Summary

Issues:
1. Central excise duty demand and penalty imposed on the appellant.
2. Invocation of the extended period under the proviso to Section 11A of the Central Excise Act.
3. Allegation of suppression of facts and misrepresentation of transactions with M/s. Computer Devices.
4. Determination of whether M/s. Computer Devices can be treated as a separate entity.
5. Assessment of whether the demand is time-barred.

Central Excise Duty Demand and Penalty:
The appeal was filed against an order demanding central excise duty of Rs. 1,00,480.25 and imposing a penalty of Rs. 10,000 on the appellant. The appellant, engaged in manufacturing computers and peripherals, was subject to duty on an ad valorem basis. The impugned order confirmed the demand based on discrepancies in the pricing of goods sold to M/s. Computer Devices compared to other wholesale buyers.

Invocation of Extended Period:
The appellant argued against invoking the extended period under the proviso to Section 11A, contending that there was no suppression of facts or elements justifying the extension. The case involved the alleged misrepresentation of transactions with M/s. Computer Devices to evade excise duty. The appellant disputed the classification of the sales to Computer Devices as transactions between related persons.

Suppression of Facts and Misrepresentation:
Upon review, it was found that M/s. Computer Devices, despite being declared as an industrial consumer, did not operate independently but had connections to the appellant's directors. The pricing discrepancies, involvement of the appellant's directors in Computer Devices' operations, and lack of commercial justification for the price differences supported the allegation of misrepresentation and suppression of facts.

Treatment of M/s. Computer Devices as a Separate Entity:
The tribunal determined that M/s. Computer Devices could not be considered a distinct entity engaged in independent commercial activities. The close ties between the partners of Computer Devices and the appellant's directors, coupled with the involvement of the appellant's director in Computer Devices' business operations, undermined the claim that they were unrelated industrial consumers.

Time-Barred Demand:
Despite the appellant's assertion that the demand was time-barred, the tribunal held that the appellant had engaged in deliberate fraud by misrepresenting transactions with M/s. Computer Devices. The fraudulent conduct superseded technical definitions of related persons under the law, justifying the demand within the extended period under the proviso to Section 11A. Consequently, the demand and penalty were upheld, and the appeal was dismissed.