2014 (8) TMI 362 - AT - Central Excise

Clandestine removal - whether the burning loss of 6% and 5.5% as claimed by the appellants gives rise to the loss of Revenue and whether showing such high rate of burning loss there was suppressed quantity manufacture and such quantity clandestinely removal - A wholesale formula was applied by the appellant to claim higher burning loss. - Held that - burning loss occurs but the magnitude of occurrence depends on different factors and differs in each case therefore without a mechanical formula being applied actual burning loss in each case is determinable. - Unreasonable burning loss gives rise to the scope of clandestine removal of the goods. Financial hardship - Held that - In the case of Assistant Collector of Central Excise, Chandan Nagar Versus Dunlop India Limited And Other 1984 (11) TMI 63 - SUPREME Court apex court has analyzed the impact of interim orders on the economy - appellant directed to deposit 15% of the duty demand - stay granted partly.

Summary

Issues:
Excise duty demand, penalty imposition, interest calculation, burning loss percentage impact on revenue, consideration of technical reports, suppression of quantity manufacture, stay applications evaluation, application of SION norm, determination of burning loss, impact of interim orders on revenue collection, balance of convenience in granting interim relief, compliance deposit requirement.

Excise Duty Demand and Penalty Imposition:
The judgment addresses excise duty demands raised against appellants along with penalties imposed under Rule 25 of Central Excise Rules, 2002. Additionally, interest is calculated following the duty demand.

Burning Loss Percentage Impact on Revenue:
The central issue in the appeals is whether the claimed burning loss percentages of 6% and 5.5% by the appellants affect revenue loss, potentially leading to suppressed quantity manufacture and clandestine removal of goods.

Consideration of Technical Reports and Suppression of Quantity Manufacture:
The judgment discusses the reliance on technical reports by appellants to justify higher burning loss percentages, contrasting with Revenue's restriction to 1-2%. The Commissioner (Appeals) annulled the demand based on these reports, raising questions about the suppression of quantity manufacture.

Application of SION Norm and Determination of Burning Loss:
The judgment evaluates the application of the Standard Input Output Norms (SION) and Export-Import Policy in determining burning loss norms. It emphasizes the need to consider factors like raw materials, technology, and plant age in calculating burning loss.

Impact of Interim Orders on Revenue Collection:
Concerns are raised about the potential prejudice to Revenue if the Commissioner (Appeals) orders are mechanically applied without considering the technical aspects of manufacturing processes, raw materials, and technology applied.

Balance of Convenience in Granting Interim Relief:
The judgment highlights the need to strike a balance between the interests of both parties while granting interim relief, considering factors like prima facie case, balance of convenience, and irreparable injury.

Compliance Deposit Requirement:
To ensure fair participation in appeal hearings, the judgment directs each appellant to deposit 15% of the duty demanded within a specified timeline, with a waiver of pre-deposit for the remaining amount during the appeal's pendency or a six-month period, whichever is earlier.

This detailed analysis covers the various legal aspects and considerations addressed in the judgment, including the technical nature of burning loss determination, the impact on revenue, and the balance of convenience in granting interim relief.