2010 (5) TMI 437 - AT - Central Excise

Additional Excise Duty duty paid under compounded levy scheme governed by notification No. 33/2001-C.E. submission that Additional Excise Duty (Textiles & Textile Articles) is applicable on the duty specified in the 1st and 2nd Schedule of Central Excise Tariff Act 1985 is not correct in view - In the absence of any specific exemption notification exempting the goods from Additional Excise Duty (Textiles & Textile Articles) this contention fails - Notification No. 33/2001 is not self-contained and therefore this contention cannot be considered AED payable

Summary

Issues involved:
Interpretation of Notification No. 33/2001-C.E. regarding payment of additional excise duty under Textiles and Textiles Articles Act after paying duty as per the Compounded Levy Scheme.

Detailed Analysis:

Issue 1: Payment of Additional Excise Duty
The central issue in this case revolves around whether the appellant is liable to pay additional excise duty under the Textiles and Textiles Articles Act after already paying duty in accordance with Notification No. 33/2001-C.E. The Compounded Levy Scheme allows manufacturers of embroidered fabrics to pay duty at a specific rate per meter length of the machine per shift, as opposed to the regular duty rate. The appellant argues that once the duty is paid as per the scheme, it fully discharges their liability for the duty on production during that shift. They rely on a Supreme Court decision to support their stance that the compounded levy scheme and other schemes are mutually exclusive. The Commissioner (Appeals) had considered the duty under the compounded levy scheme as excise duty under the Central Excise Act, leading to a hybrid duty collection system.

Issue 2: Applicability of Additional Excise Duty
The appellant contends that Additional Excise Duty (T & TA) is only applicable to duties specified in the 1st and 2nd Schedule of the Central Excise Tariff Act, 1985, and not to the rates prescribed under the compounded levy scheme. However, the tribunal points out that Section 3 of the Additional Excise Duty (Textiles & Textile Articles) Act, 1978 mandates the levy and collection of additional duties of excise on specific goods chargeable with excise duty under the Central Excise Act, 1944. Since there is no exemption notification excluding the goods from the additional excise duty, the tribunal rules against the appellant's argument.

Issue 3: Penalty Imposition
The tribunal agrees with the appellant's advocate that the penalty should not have been imposed as the case primarily involves the interpretation of a notification. Given the nature of the issue, a lenient view is considered appropriate, leading to the setting aside of the penalty imposed on the appellant. The tribunal concludes that on merit, the appellant's case lacks substance, and the appeal is partially allowed by setting aside the penalty.

In conclusion, the tribunal's judgment clarifies the obligations of the appellant regarding the payment of additional excise duty under the Textiles and Textiles Articles Act and emphasizes the importance of interpreting relevant notifications accurately to determine liability.