2000 (9) TMI 494 - AT - Central Excise

Summary

Issues:
1. Denial of small scale exemption notification benefit.
2. Imposition of penalty.
3. Grounds of limitation for show cause notice.
4. Treatment of total consideration as cum-duty price.
5. Reduction in penalty amount.

Denial of Small Scale Exemption Notification Benefit:
The judgment confirmed duty against the appellant, denying them the benefit of the small scale exemption notification due to their association with a company whose turnover exceeded the prescribed limit. The appellant's argument based on limitation was rejected as they failed to disclose crucial information regarding the eligibility of the associated company for the exemption. The tribunal upheld the denial of the benefit, concluding that the appellant's actions seemed to be aimed at evading duty payment.

Imposition of Penalty:
In addition to confirming the duty, a penalty of Rs. 30,000 was imposed on the appellant. However, considering the circumstances and the potential reduction in duty amount, the tribunal decided to reduce the penalty to Rs. 15,000.

Grounds of Limitation for Show Cause Notice:
The appellant's consultant argued on the grounds of limitation, stating that the show cause notice was issued after a significant delay. The tribunal observed that the appellant failed to disclose crucial information in a timely manner, which led to the invocation of the extended period for demand. The tribunal agreed with the adjudicating authority's reasoning and dismissed the limitation contention.

Treatment of Total Consideration as Cum-Duty Price:
The appellant's consultant argued that the total consideration received should be treated as cum-duty price, allowing for a deduction based on the duty confirmed against them. The tribunal supported this argument and directed the re-calculation of the assessable value by deducting the duty payable from the wholesale price, citing a precedent from a previous case.

Reduction in Penalty Amount:
Considering the potential reduction in duty amount and the treatment of total consideration, the tribunal decided to reduce the penalty imposed on the appellant from Rs. 30,000 to Rs. 15,000. The appeal was disposed of with the direction to re-quantify the duty liable to be paid by the appellant based on the new assessment criteria.