1983 (1) TMI 266 - AT - Central Excise

Summary

Issues:
- Appeal against the order of the Appellate Collector maintaining the Assistant Collector's decision regarding rebate percentages for defective and non-defective short-length fabrics.
- Contention regarding the reasonableness of the rebate allowed by the Excise Officer.
- Lack of statutory procedure for sampling defective or short-length pieces and the presence of a representative during market enquiries.
- Argument about the pricing of defective goods and the corresponding reduction in value for assessment purposes.

Analysis:
The appeal in this case was directed against the order of the Appellate Collector, which upheld the decision of the Assistant Collector regarding the rebate percentages for defective and non-defective short-length fabrics. The appellant, a manufacturer of terrywool and suiting fabrics, claimed a higher discount than what was allowed by the Excise authorities based on market enquiries conducted by them.

The appellant contended that the rebate allowed was unreasonable due to the absence of a company representative during the market enquiries and the non-representative nature of the samples taken. However, it was revealed that there was no statutory procedure mandating the presence of a company representative during such enquiries or for sampling all types of defective or short-length pieces. The Excise Officer had the authority to conduct market enquiries and make decisions based on the information collected.

The Excise Officer's decision to allow a rebate of 25% for non-defective short-length fabrics and 33-1/3% for defective short-length fabrics was deemed reasonable by the Tribunal. The Tribunal found that the Excise Officer had acted within his jurisdiction and had not exceeded his powers in making the decision. The discretion exercised by the Excise Officer was considered valid and not subject to challenge.

The appellant further argued that defective goods should be priced lower than normal goods, leading to a reduction in the value of such goods for assessment purposes. However, the Tribunal dismissed this argument, stating that the Excise Officer had conducted market enquiries and exercised discretion based on the information gathered, rather than using a blanket rule for pricing defective goods.

In conclusion, the Tribunal found no merit in the appeal and dismissed it, upholding the decision of the Excise authorities regarding the rebate percentages for defective and non-defective short-length fabrics.