CUSTOMS, EXCISE AND GOLD (CONTROL) APPELLATE TRIBUNAL, NEW DELHI
S. GROVER, G. Sankaran, S. Duggal, JJ.
Rekha Industries. -Appellant
Versus
Central Board of Excise and Customs, New Delhi -Respondent
Order No. D-251 of 1983
Decided On : 29-04-1983
G. Sankaran, Member (T)
1. The Department's case, as seen-from the records, is that the appellants manufactured during the period 6-2-69 to 16-4-77, a quantity of 1,01,81,375 pieces of pilfer-proof caps (hereinafter referred to as P.P. Caps) falling under Item No. 42 of the 1st Schedule to the Central Excises and Salt Act (hereinafter referred to as CET) without taking out a Central Excise licence and removed the said goods from the factory premises without payment of central excise duty leviable thereon. By a Show Cause Notice dated 6-10-77, the appellants were asked to show cause to the Collector of Central Excise why duty at the appropriate rate should not be demanded from them on the said quantity of P.P. Caps under Rule 9(2) of the Central Excise Rules, 1944 (hereinafter referred to as the Rules) and why a quantity of 2,23,645 pieces of P.P. Caps seized from them should not be confiscated under Rule 173-Q(1) and why penalty should not be imposed on them. On completion of adjudication proceedings the Collector held that the seized goods were liable to confiscation under Rule 173-Q but in their absence (they having been released against a bond), he forfeited a sum of Rs. 500/- from the security deposit; he also ordered recovery of central excise duty at the appropriate rate on 59,06,859 pieces of P.P. Caps under Rule 9(2) as it existed during the material period. However, he did not impose any penalty on the appellants. On appeal, the Central Board of Excise
2. The contention of the appellants, in so far as the classification under the CET of the subject goods is concerned, is that they were tab seals, that they were used as tab seals for drums and not as pilfer proof caps. In order for a cap to be a P.P. Cap it required a flange, a plug and a seal; the subject goods were merely tab seals without any flange or plug which, by itself, could not be used for any packages and could not serve the purpose of a P.P. Cap. It is also contended that even assuming the goods were P.P. Caps, the manufacture of these goods by the appellants had been allowed by the Department without any objection till 1974 though the Department was aware of the nature of the goods manufactured. The Central Board of Excise
3. On adjudication the Collector of Central Excise held that the total clearances of cap seals/P.P. caps during the material period were 59,06,859 pieces as against the quantity mentioned in
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