2007 (1) TMI 482 - AT - Central Excise

Summary

Issues:
1. Challenge against confirmed demand based on Annual Capacity of Production determination under Compounded Levy Scheme.

Analysis:
The appellants, who run a hot steel re-rolling mill, filed an appeal against a confirmed demand following the determination of their Annual Capacity of Production under the Compounded Levy Scheme. The Commissioner of Central Excise had fixed the Annual Capacity of Production, which was communicated to the appellants. The appellants argued that they had changed the parameters of their mill after filing the declaration for the scheme and sought permission for the same. However, until the re-fixation of the Annual Capacity of Production, they were instructed to discharge duty as per the earlier order. The appellants cited Tribunal decisions to support their contention.

The Tribunal noted that the Annual Capacity of Production was fixed by the Commissioner and communicated to the appellants, who did not challenge this determination. Additionally, the appellants' written submissions focused on legal issues without raising concerns about re-fixation. The Tribunal also highlighted that the reliance on Tribunal decisions by the appellants was not applicable in this case. The Tribunal differentiated the present case from the cases cited by the appellants, where challenges were made against the fixation orders. Since the determination of the Annual Capacity of Production was not challenged, the consequential demand was deemed valid. Consequently, the Tribunal found no merit in the appeal and dismissed it.

In conclusion, the Tribunal upheld the demand based on the Annual Capacity of Production determination under the Compounded Levy Scheme, emphasizing the importance of challenging such determinations to contest subsequent demands successfully.