2001 (1) TMI 399 - AT - Central Excise

Summary

Issues:
1. Duty demand on silver chloride produced as a bye product.
2. Dispute over duty payment and benefit of Notification No. 217/86-C.E.
3. Competence of Assistant Collectors in issuing show cause notices invoking Section 11A Proviso.
4. Interpretation of the terms "suppression of facts" and "evaded" in the show cause notices.
5. Applicability of exemption Notification No. 217/86-C.E. to the case.

Analysis:
1. The Appellant, a Public Sector Undertaking, faced duty demands on silver chloride produced as a bye product during zinc manufacturing. Nine show cause notices were issued by Assistant Collectors for non-disclosure and non-payment of duty on silver chloride, totaling Rs. 1,62,56,434.

2. Appellant disputed the duty claim and sought benefit under Notification No. 217/86-C.E. The Adjudicating Authority upheld the duty demand, citing a previous Tribunal decision that silver chloride was assessable and duty was applicable.

3. The key contention was the competence of Assistant Collectors in issuing show cause notices invoking Section 11A Proviso. The Counsel argued that the notices were beyond their authority, citing the Supreme Court's decision in a similar case.

4. The interpretation of "suppression of facts" and "evaded" in the show cause notices was crucial. The Tribunal analyzed previous judgments to determine if the terms implied deliberate non-disclosure to evade duty, ultimately concluding that the notices were valid and not invoking the Proviso to Section 11A.

5. Regarding the applicability of Notification No. 217/86-C.E., the Tribunal affirmed the Adjudicating Authority's decision that the exemption did not apply to the intermediate product, silver chloride, as the final product, silver, was not assessable to duty under the Excise Act.

In conclusion, the Tribunal found no merit in the appeal and dismissed it, upholding the duty demand on silver chloride and rejecting the claim for benefit under the exemption notification. The judgment clarified the competence of Assistant Collectors in issuing show cause notices and interpreted the terms used in the notices to determine their legal implications accurately.