2018 (3) TMI 832 - AT - Central Excise

Levy of excise duty - manufacture of Corrugated Boxes - case of the Revenue is that as principal manufacturer has supplied papers to the appellant for making corrugated boxes on which and same were cleared to the principal manufacturer without payment of duty - Held that - it is an admitted fact that activity under taken by the appellant amount to manufacture but instead of paying duty on their goods the appellant is paying the service tax and same has been accepted by the Revenue for one activity and two demands cannot be confirmed against the appellant service tax as well as central excise duty - if Revenue has accepted service tax from the appellant, therefore, the Revenue cannot issue a show cause notice on demand of duty. Time limitation - Held that - the SCN has been issued by invoking the extended period of limitation, as the appellant was paying service tax and the said activity known to the Department - the extended period of limitation is not invokable. Appeal allowed - decided in favor of appellant.

Summary

Issues involved:
1. Demand of duty on manufacturing activity.
2. Applicability of service tax payment in lieu of central excise duty.
3. Validity of show cause notice and imposition of penalty.

Analysis:

Issue 1: Demand of duty on manufacturing activity
The appellant, engaged in manufacturing Corrugated Boxes, was facing a demand on duty for their activity, which was confirmed in the impugned order. The Revenue alleged that the appellant, while doing job work for a principal manufacturer, cleared goods without payment of duty. The show cause notice was issued invoking the extended period of limitation. The Adjudicating Authority adjudicated the demand of duty, interest, and imposed a penalty. The appellant contested this order.

Issue 2: Applicability of service tax payment
The appellant argued that although their activity amounted to manufacture, they were paying service tax for their job work activity, which was accepted by the Revenue. They contended that since the Revenue had accepted service tax payments, issuing a show cause notice for central excise duty was not sustainable. The Tribunal noted that if the Revenue accepted service tax payments, they could not demand central excise duty as well, citing a similar direction given in a previous case. The Tribunal also observed that since the appellant was paying service tax, the extended period of limitation could not be invoked.

Issue 3: Validity of show cause notice and penalty
After hearing both sides, the Tribunal found that the appellant's activity amounted to manufacture, but since they were paying service tax which was accepted by the Revenue, the demand for central excise duty was not valid. The Tribunal held that the show cause notice was faulty on limitation grounds and set aside the impugned order, allowing the appeal with consequential relief.

This judgment highlights the importance of consistency in tax payments and the impact of such payments on the applicability of other duties. The Tribunal emphasized that if a particular tax payment is accepted by the Revenue, it may preclude the imposition of additional duties on the same activity.