2011 (7) TMI 1117 - HC - Central Excise

Summary

Issues:
Assessment of repair works for duty liability under Central Excise Act, 1944.

Analysis:
The judgment by the High Court of Uttarakhand involved assessing the duty liability of an assessee for repair works carried out during the assessment years 1994-1995 to 1998-1999. The respondent/assessee had undertaken repair works using 'Fin Tubes' and 'Bend Tubes' manufactured by them, with the permission of the Revenue. The dispute arose when the Revenue demanded duty on these repair works, which was resisted by the assessee on the grounds that the demand was beyond one year. The Assessing Officer applied the proviso to Section 11A of the Central Excise Act, 1944, stating that although the nature of work was known to the Revenue, the specific usage of 'Fin Tubes' and 'Bend Tubes' in repair was not known. However, it was noted that the reversal of credit taken on inputs (Pipes) was being done concurrently under MODVAT. The Tribunal concluded that the Revenue was aware of the nature of work and inputs being used during the repair works, and thus, the demand under Section 11-A could only be raised within one year from the date of removal, not within the extended period allowed by the proviso.

The High Court, after considering the concurrent findings of facts from the lower authorities, found no substantial question of law arising in the appeal. Since the matter was decided based on undisputed facts, the Court disposed of the appeal without interference. This judgment highlights the importance of the Revenue's awareness of the nature of work and inputs used in repair activities for determining duty liability under the Central Excise Act, 1944.