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2008 (10) TMI 509 - AT - Central Excise
Issues involved: Appeal against imposition of interest on central excise duty and Sugar Cess.
Summary: The appeal was filed against the imposition of interest on central excise duty and Sugar Cess after diversion of sugar for home consumption. The Commissioner (Appeals) rejected the claim regarding interest on central excise duty but allowed the appeal on interest for Cess. The Revenue appealed against the setting aside of interest on Cess. The duty liability on the respondent arose due to diverting export sugar for home consumption, leading to interest liability as per Notification No. 42/2001-C.E. (N.T.). The tribunal referred to a previous decision to establish that Cess is considered a duty of excise. The respondent did not appear or file any cross-objections, so the appeal was considered for disposal in their absence. Upon reviewing the submissions and records, the tribunal noted that the Sugar Cess Act treats Cess as a duty of excise. The specific law did not cover the liability for payment of Cess and interest charges arising from diversion for home consumption. The tribunal found that interest charges on Cess should be governed by the provisions of the Central Excise Act and Rules. The tribunal set aside the interest payable on the Sugar Cess, stating that it should be governed by the Central Excise Act and Rules. The Sugar Cess Act mandates the levy and collection of Cess as a duty of excise on all sugar produced by any sugar factory in India. Provisions of the Central Excise Act and rules apply to the levy and collection of the duty of excise under the Sugar Cess Act. Notification No. 42/2001-C.E. (N.T.) requires payment of excise duty and interest if goods cleared for export are diverted for local use. As Sugar Cess is collected as a duty of excise, interest is payable by the respondent for diverting sugar to home consumption. The tribunal concluded that the impugned order setting aside the interest on the Sugar Cess was unsustainable and overturned it. The appeal was allowed accordingly.
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