1983 (12) TMI 307 - AT - Central Excise

Summary

Issues:
1. Maintainability of reference applications under Section 35G of the Central Excises and Salt Act, 1944.
2. Classification of blended yarn and determination of excise duty rate.
3. Interpretation of the term "having relation to the rate of excise duty" under Section 35G of the Act.

Analysis:
1. The judgment pertains to the request made by the appellants for a statement of case to be drawn up under Section 35G of the Central Excises and Salt Act, 1944. The appellants sought to refer questions of law to the High Court regarding certain orders dated 22-6-1983. However, the appellants did not appear for the hearing, and a request for adjournment was made. The respondent raised an objection stating that the reference applications were not maintainable as they related to the determination of excise duty rates. The Tribunal noted the absence of the appellants and the objection raised by the respondent.

2. The dispute in the reference applications revolved around the classification of blended yarn containing less than 90% cotton and the payment of excise duty on such yarn. The Department initially classified the yarn under Tariff Item 18E and levied duty based on the weight at the presized stage. Subsequently, the Department changed its stance, demanding duty based on the weight after sizing but at the rate applicable before sizing. A significant amount of differential duty was demanded, leading to a dispute. The appellants contended that duty should be charged based on the count and weight of unsized yarn, citing a judgment of the Bombay High Court. The Tribunal analyzed the differing counts of yarn before and after sizing, highlighting the importance of duty calculation based on counts. The Tribunal emphasized the wide import of the term "having a relation to the rate of excise duty" in such cases.

3. The Tribunal referred to a Supreme Court ruling to establish that a question relating to the determination of excise duty rate, even if not explicitly addressed by the Tribunal, is deemed to have been dealt with. The Tribunal found that the orders in question indeed related to the rate of excise duty, as argued by the appellants themselves in their grounds of appeal. Consequently, the Tribunal rejected the reference applications under Section 35G of the Act, stating that they were not applicable due to the nature of the issues raised. The judgment highlighted the significance of the classification and rate of duty in excise matters and the application of relevant legal provisions to such disputes.