2006 (1) TMI 520 - AT - Central Excise

Summary

Issues:
1. Determination of annual production under Hot Re-Rolling Steel Mills Annual Capacity Determination Rules of 1997.
2. Consideration of dismantled furnace in determining duty.
3. Adequacy of evidence considered by the Commissioner.
4. Justification for remand and re-determination of duty based on changed capacity.

Analysis:
1. The appellant challenged the Order-in-Original determining annual production under the Hot Re-Rolling Steel Mills Annual Capacity Determination Rules of 1997. The appellant contended that a furnace had been dismantled before the Rules came into force, which was communicated to the Department. The Commissioner fixed the annual capacity without considering this representation.

2. The Counsel argued that duty for goods manufactured in the existing furnace had been paid, and the dismantled furnace should not have been considered for duty determination. The evidence showed that the furnace was dismantled before the enactment of the Rules, justifying the appellant's position.

3. The learned SDR contended that the Commissioner did not adequately consider the evidence presented by the appellant. The Tribunal noted that the Commissioner failed to consider substantial evidence on record, leading to the conclusion that the determination of the Hot Rolling Mills' annual capacity was flawed.

4. The Tribunal accepted the plea for remand based on the precedent set in a similar case. The judgment highlighted that no liability could be imposed on the appellant due to the Revenue's inaction when informed about changes in production capacity. The matter was remanded for the Commissioner to reconsider the evidence, apply the principles of natural justice, and make a fresh determination within four months from the receipt of the order.

This detailed analysis of the judgment provides a comprehensive understanding of the issues raised, the arguments presented, and the Tribunal's decision to remand the case for a fresh determination based on the evidence and legal principles outlined in the judgment.