2000 (12) TMI 671 - AT - Central Excise

Summary

Issues:
1. Duty demand and penalty imposed by the Commissioner of Central Excise, Pune on Computers and Components manufactured by the appellants.
2. Applicability of exemption notification No. 167/71 for goods produced during research.
3. Invocation of the extended period of limitation.
4. Assessable value for the purpose of duty calculation.
5. Penalty imposition for non-payment of duty.

Analysis:

1. The appeal challenged the duty demand of Rs. 18,17,680 and a penalty of Rs. 50,000 imposed by the Commissioner of Central Excise, Pune on Computers and Components manufactured by the appellants and cleared to various customers. The Commissioner confirmed the demand based on the goods not being entitled to exemption from duty under Notification No. 167/71, as they were not produced in a Scientific, Educational, or Research Institute during research activities. The appellants argued that the goods were a result of research, but the agreements with customers indicated otherwise.

2. The Tribunal found that the goods were manufactured according to specific needs of organizations and not during the course of research, thus not qualifying for the exemption notification. The appellants' request to exclude the value of goods supplied to Research Organizations was rejected as the notification did not differentiate between different types of customers. Therefore, the benefit of the notification was deemed inapplicable to the disputed goods.

3. Regarding the invocation of the extended period of limitation, the appellants' argument that it should not apply was dismissed. The appellants failed to register, obtain a Central Excise license, or follow procedures until 1992. Their lack of a bona fide belief that the goods were exempt from duty indicated an intention to evade payment. Hence, the allegation under proviso (1) to Section 11-A of the Central Excise Act was upheld.

4. While upholding the duty demand, the Tribunal determined that the cum-duty price should be considered as the assessable value, following a precedent set by a Larger Bench decision. The case was remanded to the Commissioner for re-quantification of the duty demand based on this ruling. A penalty was deemed necessary due to the deliberate contravention of the Act and Rules, but considering the appellants' status as a Government organization, the penalty was reduced to Rs. 25,000.

5. In conclusion, the Tribunal partly allowed the appeal by upholding the duty demand, adjusting the assessable value, and reducing the penalty. The decision highlighted the importance of complying with excise duty regulations and the consequences of non-payment or evasion, even for entities like Government organizations.