2003 (9) TMI 681 - AT - Central Excise

Summary

Issues:
Fixation of annual production capacity of re-rolling mill for specific periods.

Analysis:
The appellant had two re-rolling mills under a single Central Excise registration, with the annual production capacity for 1996-97 set at 14,905 MTs. Following the closure of one mill on 13-11-97, the appellant requested a re-determination of production capacity. However, the Commissioner assessed the capacity based on the previous year's figures, disregarding the closure of one mill. The appellant argued for a pro rata deduction in capacity as per Tribunal precedents, citing Rule 4(1) and Rule 4(2) of Hot Re-Rolling Mills Annual Capacity Determination Rules 1997.

Upon inspection on 22-5-98, it was confirmed that one mill had indeed been closed and dismantled since 13-11-97, leading the appellant to propose capacity adjustments from that date onwards. The Revenue, however, contended that as long as production continued in the factory, no reduction in capacity was warranted due to the closure of one mill. The Tribunal found the Revenue's argument unconvincing, distinguishing previous cases cited by them as pertaining to different rules and circumstances, unlike the present case.

Relying on precedents like Pepsu Steel Rolling Mills v. CCE and Didar Steel Complex P. Ltd. v. CCE, the Tribunal ruled in favor of the appellant. The Tribunal directed the Commissioner to re-fix the annual production capacity, excluding the dismantled mill, within three months from the date of the order. The decision emphasized the need for a pro rata adjustment in capacity when machinery changes, as per relevant rules, and rejected the Revenue's stance that production continuity negates the need for capacity reduction in such cases.