2010 (4) TMI 932 - AT - Central Excise

Summary

Issues involved: Department appealing against order of Commissioner (Appeals) regarding excess duty payment by Unit I, applicability of Section 11D of Central Excise Act, 1944, time-barred demand for the period 13-6-05 to 17-2-06.

Summary:

Issue 1: Excess Duty Payment
The case involved two units of the respondent undertaking job work for M/s. Bayer Crop Science (India) Ltd. Unit I transferred inputs to other units and job workers at a value of 110% of landed cost, paying higher duty. Department alleged excess duty payment by Unit I, enabling other units to take excess credit. Original authority confirmed demand from Unit I and Unit II, imposing penalty on Unit I. Commissioner (Appeals) set aside original authority's orders, leading to the department's appeal.

Issue 2: Applicability of Section 11D
Respondents argued that the higher value adoption while transferring inputs was precautionary due to past duty objections. They contended that excess duty paid was credited to the Central Government, with no recovery beyond the deposited amount. Respondents claimed Section 11D did not apply, citing no excess collection. The Tribunal agreed, stating Section 11D applies when a person collects excess duty from buyers, which was not the case here.

Issue 3: Time-Barred Demand
The demand for the period 13-6-05 to 17-2-06, proposed in a show cause notice dated 15-6-07, was challenged as time-barred. The Tribunal found in favor of the respondents, noting no suppression of facts to evade duty payment. The demand for that period was considered time-barred, as per the Commissioner (Appeals) decision.

In conclusion, the Tribunal rejected the department's appeals, upholding the Commissioner (Appeals) orders. The Cross Objections supporting the Commissioner's decisions were also disposed of accordingly.