2004 (3) TMI 692 - AT - Central Excise

Summary

Issues:
1. Whether Special Additional Duty is leviable on goods warehoused before the levy was introduced.
2. Determination of the rate of duty payable on goods cleared from a bonded warehouse for home consumption.

Analysis:

1. The Commissioner in the impugned order found that Special Additional Duty (SAD) was payable on the date of clearance of the bonded goods, based on the latest judgment of the Hon'ble Supreme Court in the case of M/s Kiran Spinning Mills. The Commissioner rejected the appeals citing various judgments supporting the contention that SAD is not leviable on goods warehoused before the levy was introduced. The issue was considered in light of the Apex Court's decision that the rate of duty payable is determined on the date when the goods are removed from the bonded warehouse.

2. The appellants' counsel, Shri G. Sampath, acknowledged that the issue was no longer res integra and was covered against the appellants by the Larger Bench judgment of the Apex Court in the case of LML Limited v. CCE, Kanpur. The Apex Court reiterated its findings from the Kiran Spinning Mills case, stating that the taxable event occurs when goods are cleared from a bonded warehouse for home consumption. The relevant date for determining the rate of custom duty and any additional duty is the date of clearance from the warehouse.

3. Considering the Apex Court's rulings, the counsel did not strongly argue the grounds of appeal and admitted that the issue was decided against the party by the Apex Court judgment. The Departmental Representative (DR) requested the dismissal of the appeal since the issue was no longer res integra. The Tribunal observed that the duty must be paid based on the rates prevailing on the date of removal from the bonded warehouse, as established by the Apex Court in the Kiran Spinning Mills case, which was reaffirmed by the Larger Bench in the LML Limited case. Consequently, the appeals were dismissed in line with the ratio of the Apex Court judgments.

This detailed analysis of the judgment highlights the key legal issues, the arguments presented by both sides, and the Tribunal's decision based on the relevant legal principles established by the Apex Court.