2000 (11) TMI 371 - AT - Central Excise

Issues:
Challenge to validity of order-in-original regarding recovery of short-paid duty on melting scrap, mis-declaration of scrap as re-rolling scrap, time-barred duty demand, invocation of extended period under Section 11A of the Act.

Analysis:
The appeal before the Appellate Tribunal CEGAT, New Delhi involved the challenge by the Revenue against the validity of the impugned order-in-original dated 24-1-1994 passed by the Collector. The Collector had dropped proceedings for the recovery of short-paid duty on melting scrap against the respondents, who were engaged in manufacturing steel items and generating steel scrap in the process. The respondents had initially classified the scrap as re-rolling scrap to avail a concessional duty rate under Notification No. 54/80. However, upon audit scrutiny, it was discovered that the scrap was mis-declared as re-rolling scrap when it was actually melting scrap. A show cause notice was issued for payment of short-paid duty on the melting scrap for the period October 1982 to April 1983. The respondents contested the notice, claiming no mis-declaration and asserting that they had paid the duty correctly. They also argued that the duty demand was time-barred.

The Revenue appealed the Collector's decision, leading to a hearing before the Tribunal. The respondents' counsel contended that the duty demand was time-barred without delving into the mis-declaration issue, citing a previous dropped duty demand for the period November 1981 to September 1982. On the other hand, the Revenue's representative argued that the extended period under Section 11A of the Act could be invoked due to the mis-declaration of the scrap. The Tribunal noted that the Excise Department had not raised any objections during the clearances of the goods or in the filed returns regarding the mis-declaration. The show cause notice lacked essential ingredients to invoke the extended period of limitation under Section 11A, as it did not allege fraud, collusion, or intentional mis-declaration by the respondents.

Moreover, the Tribunal observed that the Department only issued the show cause notice based on an Internal Audit party report, without prior charges against the respondents for mis-declaration. The demand for the disputed period of October 1982 to April 1983, and even for the period of November 1981 to September 1982, was rightly held to be time-barred by the Collector. The Tribunal found no merit in the Revenue's appeal, leading to the dismissal of the appeal.

In conclusion, the Tribunal upheld the Collector's decision to drop the proceedings against the respondents, emphasizing the lack of evidence supporting the mis-declaration allegations and the time-barred nature of the duty demand. The judgment highlighted the importance of meeting the legal requirements for invoking extended periods of limitation and the need for substantial evidence to support duty demands in excise matters.

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