2005 (2) TMI 562 - AT - Central Excise

Summary

Issues:
1. Stay of operation of impugned orders of the Commissioner (Appeals) regarding levy and collection of cess on export of 'prawns and shrimps' under the Agricultural Produce Cess Act, 1940.
2. Interpretation of whether the expression 'fish' includes 'prawns and shrimps'.

Analysis:

1. The Revenue filed applications seeking a stay on the impugned orders of the Commissioner (Appeals) related to the levy and collection of cess on the export of 'prawns and shrimps' under the Agricultural Produce Cess Act, 1940. The main issue to be determined in the appeals is whether the term 'fish' encompasses the subject goods. The Revenue failed to provide compelling reasons for the stay, despite mentioning the significant amount of cess involved. The crucial factor remains the question of whether the cess is actually chargeable.

2. During the proceedings, the learned JCDR presented arguments, and Senior Advocate Shri Joseph Vellapally, representing the respondents, referred to the provisions of the Agricultural Produce Cess Act, 1940. The Advocate highlighted a judgment of the Orissa High Court in the case of State of Orissa v. CI Foods Ltd. [50 STC 152], which established a distinction between 'fish' and 'prawn'. The absence of any authoritative precedent favoring the Revenue's position was noted. It was prima facie observed that the Revenue lacked a strong basis for the stay application, especially in light of the Orissa High Court's decision supporting the assessee's stance.

3. Subsequently, the JCDR requested an expedited hearing of the appeals, a request that was unopposed. The Tribunal granted the request and scheduled the appeals for a hearing on 28-4-2005. This decision reflects the Tribunal's willingness to accommodate the request for an early hearing, indicating a commitment to procedural efficiency and timely resolution of the legal matter at hand.