2000 (3) TMI 469 - AT - Central Excise

Summary

Issues:
1. Liability for payment of Central Excise duty on herbal shampoo manufactured by a charitable society registered under the Societies Registration Act.
2. Invocation of extended period of limitation for demanding duty and imposing penalties.
3. Comparison with a similar case involving herbal shampoo to determine applicability of the larger period of limitation.

Analysis:
1. The judgment involves a case where a charitable society, registered under the Societies Registration Act, was manufacturing herbal shampoo called "Sathritha Neem and Herbal Shampoo" and selling it to the UP Khadi Gram Udyog Board. The society enjoyed exemptions from Sales Tax and Income Tax but did not declare or pay duties under the Central Excise Act, 1944. The active ingredients in the shampoo were medicinal herbs like amla, shikakai, rita, and neem, while other ingredients served as a base and dispersing agent with no therapeutic value.

2. The Commissioner of Central Excise, Meerut issued a show cause notice proposing a demand of Rs. 1,70,05,170.92 for the period from March 1992 to September 1996, invoking the longer period of limitation. The impugned order confirmed the duty demand and imposed penalties, including individual penalties on the Manager and Secretary of the society. The judgment analyzed whether the society deliberately suppressed information, justifying the invocation of the extended limitation period for demanding duty and imposing penalties.

3. The judgment compared the present case with a similar case involving herbal shampoo to determine the applicability of the larger period of limitation. The Order-in-Original observed that the society had not informed the department about the manufacture of excisable goods, did not obtain Central Excise License/registration, and clandestinely cleared goods without paying duty. By referring to a previous order, the judgment found no grounds to invoke the extended limitation period and set aside the Order-in-Original regarding the demand. The classification of the product under the Central Excise Tariff Act, 1985 was confirmed, and the appeals were allowed accordingly.