2009 (3) TMI 775 - AT - Central Excise

Summary

Issues: Determination of applicability of Rule 34(b) of the Standards of Weights & Measures Package Commodity Rules, 1977, and assessment under Section 4 or Section 4A of the Central Excise Act, 1944.

Analysis:

1. Failure to Produce Evidence and Ex-Parte Disposal:
The appellant failed to produce evidence regarding the applicability of Rule 34(b) of the Standards of Weights & Measures Package Commodity Rules, 1977. The Tribunal noted that the appellant did not pursue its remedy, leading to an ex-parte disposal of the matter.

2. Applicability of Rule 34(b) and Assessment under Central Excise Act:
The issue revolved around whether the pouches, each weighing less than 2 gms, were exempt from declaring the Maximum Retail Price (MRP) under Rule 34(b) of the Standards of Weights & Measures Package Commodity Rules, 1977. The Commissioner (Appeals) held that Rule 34(b) was inapplicable as the packages were not sold by weight or measure. However, the Tribunal observed that the net weight was printed on each package, and the intention to sell by weight was evident. Citing relevant case laws and circulars, the Tribunal emphasized that when the net weight is explicitly mentioned on the package, the exemption under Rule 34(b) applies if the commodity is sold by weight and measure and the net weight is 10 gms or less.

3. Remand for Re-examination:
Based on the above analysis and considering the judgments of the Hon'ble Supreme Court in relevant cases, the Tribunal remanded the matter to the Commissioner (Appeals) for a fresh examination. The Commissioner was directed to review the case in light of the Supreme Court's decisions to determine the applicability of Rule 34(b) and the appropriate assessment under the Central Excise Act.

4. Conclusion:
The Tribunal's decision to remand the matter for re-examination underscores the importance of correctly applying statutory provisions such as Rule 34(b) and ensuring compliance with relevant legal principles established by higher courts. The case highlights the significance of providing clear findings and evidence to support claims in matters concerning the Standards of Weights & Measures Package Commodity Rules and the Central Excise Act.