2013 (9) TMI 697 - HC - Central Excise

Production capacity based duty - Abetment of Duty Non operation of Pan Masala Packing Machine for a fraction of month - closure of unit - Pan Masala Packing Machine (Capacity determination and collection of duty) Rule, 2008 Held that - Admittedly, there was no production for a period of 36 days, i.e., from 01.4.2011 to 5.4.2011 including from 1.4.2011 to 5.4.2011. - Reference by counsel for the appellant to Rules 7 and 9 of the Rules in support of his contention, that as duty liability was determined for each month, abatement cannot be granted for a fraction of a month was misplaced as no such intent was discernible from a reading of these rules - Rule 7 of the Rules merely provides that duty payable shall be calculated for a particular month and Rule 9 of the Rules merely prescribes that monthly duty payable on notified goods, shall be paid by the 5th day of the same month. These rules cannot be pressed into service by the revenue in support of its view that abatement cannot be claimed for a fraction of a month - This apart, reference to a continuous period of 15 days or more under rule 10 of the Rules relating to the right of an assessee, pertains to its obligation, to inform the Deputy Commissioner or the Assistant Commissioner of Central Excise, of closure of machines cannot be read in isolation to raise an inference that if closure in a month was less than 15 days a party shall not be entitled to abatement of duty Decided against revenue.

Summary

Issues:
Interpretation of abatement of duty for a continuous period, Duty liability determination for each month separately, Application of Rules 7, 9, and 10 of the Pan Masala Packing Machine Rules 2008.

Interpretation of Abatement of Duty:
The case involved a dispute regarding the entitlement to claim abatement of duty for a continuous period of non-production of goods. The appellant argued that abatement cannot be claimed for a fraction of a month based on Rules 7 and 9 of the Pan Masala Packing Machine Rules 2008. However, the Tribunal allowed the abatement for a period of five days, stating that the continuous non-production of excisable goods need not be restricted to a particular month only, as per Rule 10 of the Rules. The High Court upheld the Tribunal's decision, emphasizing that the claim for abatement was justified as there was no production for a continuous period of 36 days, and the closure of machines for less than 15 days did not preclude the entitlement to abatement.

Duty Liability Determination:
The appellant contended that duty liability is determined for each month separately, and therefore, abatement cannot be granted for a fraction of a month. The High Court disagreed with this interpretation, stating that Rules 7 and 9 of the Rules only prescribe the calculation and monthly payment of duty, without restricting the entitlement to abatement for a fraction of a month. The Court clarified that the reference to a continuous period of 15 days or more under Rule 10 pertains to the obligation to inform the authorities of machine closure, and does not preclude abatement for periods less than 15 days. Thus, the Court dismissed the appellant's argument and upheld the decision to allow abatement for the period in question.

Application of Rules 7, 9, and 10:
The High Court analyzed Rules 7, 9, and 10 of the Pan Masala Packing Machine Rules 2008 to determine the correct interpretation regarding the entitlement to claim abatement of duty. It clarified that Rule 7 pertains to duty calculation for a particular month, Rule 9 relates to monthly duty payment, and Rule 10 allows abatement for continuous non-production of excisable goods without specifying a restriction to a particular month. The Court emphasized that the rules do not support the appellant's argument that abatement cannot be granted for a fraction of a month, and upheld the Tribunal's decision to allow the abatement for the period of non-production. Consequently, the High Court dismissed the appeal and upheld the order granting abatement of duty for the relevant period.