2005 (10) TMI 486 - Commission - Central Excise

Summary

Issues: Settlement of proceedings initiated against the applicant in two Show Cause Notices for non-payment of duty.

Analysis:
1. The applicant, M/s. Karur KCP Packaging Limited, filed two applications for settlement regarding Show Cause Notices (SCNs) IV/16/130/2003-UCD and IV/16/131/2003-UCD, dated 16-12-2003, which alleged non-payment of duty amounting to Rs. 5,52,05,757/- and Rs. 1,67,59,558/- for the period from April 2003 to September 2003. The Assistant Commissioner of Central Excise imposed penalties on the applicants based on these SCNs.

2. The applicant argued that the duty amounts mentioned in the SCNs have been paid by both units and contended that the SCNs should be construed as a demand for duty, making the goods liable to confiscation and penalties. The applicant approached the Settlement Commission due to the deemed non-payment of duty, citing legal precedents and asserting that they have admitted the entire duty liability disclosed in the SCNs.

3. The Revenue's representative claimed that the SCNs were solely for imposing penalties and not for the levy, assessment, or collection of excise duty, as the duty had already been declared in the monthly ER-1 Returns. They argued that the applications for settlement did not admit any additional liability beyond what was declared in the monthly statements, thus contending that the SCNs did not fall under the Commission's purview for settlement.

4. The Bench acknowledged that non-payment of duty within specified time limits deems goods to be clandestinely cleared, subjecting them to confiscation and the assessee to penalties. While the SCNs did not explicitly demand duty, the mention of duty amounts implied a demand. The Bench noted that the applicants had declared the duty liability in their monthly returns and had only admitted the same liability in their settlement applications, without disclosing any additional amounts, rendering the applications ineligible for settlement under Section 32E of the Central Excise Act, 1944.

5. Consequently, the Bench concluded that the applications did not meet the legal requirements for settlement. Therefore, the applications were rejected under Section 32F(1) of the Central Excise Act, 1944, as they did not fulfill the conditions for admission, given that no additional duty liability was disclosed or accepted beyond what was already declared in the monthly returns.