2015 (9) TMI 675 - AT - Central Excise

Cleared the goods under the cover of ARE-3 on the strength of the CT-3 certificates without payment of duty - Partially Oriented Yarn - failure to produce warehousing certificates in respect of 13 ARE 3s - Imposition of penalty and interest - Held that - Appellants cleared the goods under the cover of ARE-3 on the strength of the CT-3 certificates without payment of duty issued by M/s. Enkay Texofood Industries Ltd. - Tribunal in the case of Skyron Overseas Vs. Commissioner of Central Excise (Surat) allowed the appeal of the assessee, on identical situation. It has been observed that duty demand on failure to furnish re-warehousing certificate for clearance against CT 3 certificates issued by the recipient and responsibility is on the consignor once duplicate copy of ARE-3 received by him and the informed to the Jurisdictional Range Officer. In the present case, it is evident from the records that the Range Officer was informed the clearance of the goods and receipt of the goods by the said Company. It is also noted that there is no material available on record that the goods were diverted in the local market by the appellant. Hence, duty liability cannot be raised on the appellant. - impugned order cannot be sustained and it is set-aside. The appeal filed by the appellant is allowed - Decided in favour of assessee.

Summary

Issues:
1. Duty demand on clearance of goods without warehousing certificates.
2. Dispute regarding receipt of goods by the recipient.
3. Responsibility for payment of duty on cleared goods.
4. Applicability of Rule 20 of the Central Excise Rules, 2002.
5. Interpretation of correspondence and documents provided by the parties.
6. Comparison with precedent cases for similar situations.

Analysis:

1. The case involved a dispute regarding the duty demand on the clearance of Partially Oriented Yarn (POY) without warehousing certificates. The appellant was engaged in manufacturing Synthetic Filament Yarn and had removed consignments to a 100% Export Oriented Unit (EOU) without payment of duty against CT-3 Certificates. The Central Excise Officers seized records during an investigation, leading to a Show Cause Notice proposing duty demand, interest, and penalties.

2. The main issue was the confirmation of duty demand by the Adjudicating Authority, which was upheld by the Commissioner (Appeals). The appellant argued that the goods were received by the recipient, supported by correspondences with the jurisdictional Superintendent of Central Excise. The appellant relied on a Tribunal decision and Rule 20 of the Central Excise Rules, 2002, to contest the duty demand.

3. The discussion revolved around the responsibility for payment of duty on goods cleared without warehousing certificates. The appellant contended that since the goods were received by the EOU, the duty liability should fall on them as per Rule 20(3) of the Central Excise Rules, 2002. The Adjudicating Authority had modified the demand based on correspondence and information provided by the parties.

4. Rule 20 of the Central Excise Rules, 2002, regarding warehousing provisions, was crucial in determining the duty liability. The appellant and the respondent presented arguments based on this rule, emphasizing the consignor's and consignee's responsibilities in cases of goods clearance without proper documentation.

5. The Tribunal analyzed the correspondences between the parties, including letters indicating the seizure of documents by the Central Excise Authority and efforts to obtain re-warehousing certificates. The Tribunal also considered the lack of evidence suggesting diversion of goods into the local market by the appellant, strengthening the argument against imposing duty liability on them.

6. The Tribunal referenced a precedent case, Skyron Overseas Vs. Commissioner of Central Excise (Surat), to support its decision. The Tribunal highlighted the consignor's obligations upon receiving duplicate copies of necessary certificates and the role of the range officer in verifying goods receipt. The decision in the precedent case aligned with the Tribunal's findings in the present case, leading to the allowance of the appellant's appeal and the setting aside of the impugned order.

This comprehensive analysis of the judgment covers all the issues involved, detailing the arguments presented by both parties and the Tribunal's decision based on legal provisions and precedents.