2000 (4) TMI 311 - AT - Central Excise

Summary

Issues Involved:
Classification of Hot Mix Plant under Central Excise Tariff Act, Clubbing of clearances with another company, Time-barred demand, Suppression of facts, Penalty reduction.

Classification of Hot Mix Plant:
The appeal involved the classification of a Hot Mix Plant under the Central Excise Tariff Act. The appellant argued that the plant should be classified under Heading 84.19 based on its primary function of heat treatment, supported by previous classifications and legal precedents. However, the Department argued that the Tribunal had already classified the plant under Heading 84.74 in a previous order, and the classification under Heading 84.19 was not appropriate. The Tribunal upheld the previous classification and ordered the Hot Mix Plant to be classified under Heading 84.74.

Clubbing of Clearances:
The issue of clubbing clearances with another company, M/s. Adequate Steel & Allied Products, was raised. The Collector of Central Excise Appeals found that M/s. Adequate Steel & Allied Products did not have the necessary machinery to manufacture concrete mixers and was getting them manufactured from M/s. Industrial & Commercial Corporation. The appellant failed to refute these findings, leading to the conclusion that the goods were actually manufactured by M/s. Industrial & Commercial Corporation.

Time-barred Demand and Suppression of Facts:
The appellant argued that the demand was time-barred as the show cause notice was issued after the prescribed period. However, the Department contended that there was suppression of facts regarding the manufacturing process by M/s. Adequate Steel & Allied Products, justifying the extended period of limitation for demanding duty. The Tribunal agreed with the Department, ruling that the extended period of limitation was applicable due to the suppression of facts, and upheld the duty demand.

Penalty Reduction:
Regarding the penalty imposed, the appellant requested a reduction or setting aside of the penalty, considering it harsh. The Tribunal, after considering all facts and circumstances, reduced the penalty from Rs. 15,000 to Rs. 10,000. The appeal was disposed of with the reduced penalty amount.

In conclusion, the Tribunal upheld the classification of the Hot Mix Plant under Heading 84.74, confirmed the clubbing of clearances with M/s. Adequate Steel & Allied Products, justified the time-barred demand due to suppression of facts, and reduced the penalty imposed on the appellant.