2000 (1) TMI 611 - AT - Central Excise

Summary

Issues:
1. Duty demand confirmation on paper based decorative laminated sheets.
2. Denial of benefit of Notification 135/89-C.E. to the product.
3. Imposition of penalty on the appellants.
4. Challenge of the extended period of limitation under Section 11A of the Central Excise Act, 1944.

Analysis:
1. The Commissioner confirmed a duty demand of Rs. 55,14,713 on paper based decorative laminated sheets manufactured by the appellants, denying the benefit of Notification 135/89-C.E. The product was classified under CET sub-heading 4823.90. The Commissioner imposed a penalty of Rs. 15 lakhs on the appellants for the period from 1-4-93 to 28-2-94. The show cause notice was dated 20-2-98.

2. The appellants did not contest the issue on merits, in light of a previous Tribunal decision, but challenged the application of the extended period of limitation under the proviso to Section 11A of the Central Excise Act, 1944.

3. The adjudicating authority held that the appellants had concealed material facts willfully and fraudulently to evade duty payment. However, the appellants had disclosed the various chemicals used in manufacturing decorative laminated sheets in their correspondence with the Department. They had also submitted classification lists and replies explaining the manufacturing process, claiming exemption under relevant Notifications. The Tribunal found that all facts were known to the Department, and the appellants did not suppress or misdeclare any material facts to wrongly avail duty exemption, leading to the conclusion that the proviso to Section 11A was not applicable.

4. The Tribunal set aside the demand as time-barred, along with the penalty, and allowed the appeal on the ground of limitation. The decision was based on the finding that the appellants had not concealed material facts with the intention to evade duty payment, as all relevant information was disclosed to the Department during the proceedings.

This detailed analysis of the judgment highlights the duty demand confirmation, denial of benefit under a specific Notification, the challenge of the extended period of limitation, and the ultimate decision in favor of the appellants based on the disclosure of all relevant facts during the proceedings.