2015 (6) TMI 780 - AT - Central Excise

SSI exemption - Duty demand on the basis of power consumption - Held that - Appellant during the period of dispute had neither taken central excise registration nor were paying duty, claiming that their clearances are fully within the SSI exemption limit. However, the challan book recovered from the factory which contained the details of the clearances during the period 06.05.2011 to 18.10.2011 showed the clearances of pipes weighing 3,55,825 Kg. during this period and valued at ₹ 2.49 Crores. This itself, in our view, shows that the clearances during this period had exceeded the SSI exemption limit and the duty involved on these clearances would be at least ₹ 10.00 to 12.00 Lakhs. Though duty demand cannot be confirmed merely on the basis of power consumption, the recovery of challan book for the period 06.05.2011 to 18.10.2011 containing details of clearances during this period does indicate that the value of the clearances of appellant unit may be far in excess of SSI limit. In view of this, we are of the view that this is not a case for waiver from the requirement of pre-deposit. - Partial stay granted.

Summary

Issues:
1. Duty demand based on estimated production.
2. Applicability of SSI exemption.
3. Confiscation of seized stock.
4. Penalty imposition under Central Excise Rules.

Duty Demand Based on Estimated Production:
The case involves a dispute regarding duty payment by a manufacturer of PVC pipes, claiming SSI exemption, for the period 2007-08 to 2011-12. The duty demand of Rs. 1,87,80,581/- was confirmed based on an estimation of production using electricity consumption as a metric. The appellant argued that the estimation was arbitrary as different types of pipes were manufactured, and electricity was also used for recycling plastic waste. They contended that duty cannot be imposed solely on presumed manufacture without concrete evidence. However, the tribunal upheld the duty demand, considering the recovered challan book showing clearances exceeding the SSI exemption limit during a specific period.

Applicability of SSI Exemption:
The appellant had not obtained central excise registration or paid duty, relying on SSI exemption for their clearances. The challan book revealed clearances of PVC pipes exceeding the SSI exemption limit, indicating a duty liability of at least Rs. 10.00 to 12.00 Lakhs. Despite the appellant's arguments against the duty demand solely based on power consumption, the tribunal found the evidence of clearances exceeding the exemption limit compelling. Consequently, the tribunal directed the appellant to deposit Rs. 25.00 Lakhs for compliance with section 35 F, with a deadline set for the deposit.

Confiscation of Seized Stock:
In addition to the duty demand, penalties, and interest, certain seized stock of pipes were ordered to be confiscated with an option for redemption upon payment of a fine of Rs. 30,000/-. This confiscation was part of the enforcement actions taken by the authorities based on the findings during the search of the appellant's premises.

Penalty Imposition under Central Excise Rules:
Apart from the duty demand and confiscation, a penalty of Rs. 5.00 Lakhs was imposed on the appellant under Rule 25 of the Central Excise Rules, 2002 for contravention of various provisions. The penalty was justified based on the non-maintenance of records, lack of clarity in clearances, and other violations identified during the investigation.

In conclusion, the tribunal upheld the duty demand based on estimated production, emphasized the importance of compliance with SSI exemption limits, ordered the deposit of a specific amount for compliance, confirmed the confiscation of seized stock with a redemption option, and imposed penalties for rule contraventions. The decision was made after considering all submissions and evidence presented by both parties.