1984 (12) TMI 308 - AT - Central Excise

Summary

Issues:
1. Validity of demands issued for payment of duty on warehoused tobacco.
2. Interpretation of Rule 145 of the Central Excise Rules regarding warehousing period.
3. Application of amended rule to extension requests made before the rule change.
4. Validity of demands issued without a show cause notice.
5. Alleged violation of principles of natural justice in adjudication proceedings.

Analysis:
1. The case involved challenges to demands for duty payment on warehoused tobacco by M/s. Nasiruddin Biri Merchants Limited. The demands were issued before the disposal of their extension requests, leading to a dispute over the validity of the demands.

2. The interpretation of Rule 145 of the Central Excise Rules was crucial. The rule was amended, reducing the initial warehousing period for tobacco to two years with a one-year extension at the Collector's discretion. This amendment limited the total warehousing period to three years post-April 1977.

3. The application of the amended rule to extension requests made before the rule change was contested. The appellants argued that the original rule should apply to their extension requests, but the tribunal held that extension applications post-amendment must adhere to the new rule.

4. The validity of demands issued without a prior show cause notice was questioned. However, since the warehousing period had expired, authorities were entitled to demand duty without a notice. The quantum of duty was not disputed by the appellants.

5. Allegations of a violation of natural justice in adjudication proceedings were raised. The contention was based on the demands not being addressed to the appellants and the absence of a show cause notice. The tribunal found these contentions invalid, leading to the dismissal of the appeal.

In conclusion, after considering the arguments from both sides, the tribunal held that the orders of the lower authorities did not warrant interference. Therefore, the appeal was dismissed, upholding the validity of the demands and the application of the amended rule to extension requests, among other issues.