2007 (10) TMI 238 - HC - Central Excise

Shortage of irregular and regular marble slabs demand & penalty - shortage was admitted by the petitioner - petitioner failed to substantiate the facts and grounds, raised in the appeal that shortage is due to long storage of marble - substantial question of law framed in the reference petition does not arise assessee s petition is dismissed

Summary

Issues involved:
1. Interpretation of Section 2(f) of the Central Excise Act, 1944 regarding the cutting of marble blocks into slabs.
2. Imposition of excise duty and penalty based on shortage of marble slabs.
3. Application of the judgment of Aman Marbles Industries Pvt. Ltd. v. C.C.E., Jaipur in the present case.
4. Entitlement to refund based on a previous judgment.

Analysis:

Issue 1: Interpretation of Section 2(f) of the Central Excise Act, 1944
The petitioner raised a substantial question of law concerning whether cutting marble blocks into slabs amounts to manufacturing under Section 2(f) of the Act. The petitioner contested the imposition of excise duty and penalty based on this interpretation. The Tribunal reduced the penalty but upheld the duty. The Court held that the issue was not about cutting blocks into slabs but about the shortage of marble slabs, which the petitioner admitted. The Court found no substantial question of law and dismissed the reference petition.

Issue 2: Imposition of excise duty and penalty based on shortage
The Central Excise Officer found a shortage of marble slabs during stock verification at the petitioner's factory. The petitioner challenged the duty and penalty imposed, arguing that the shortage was due to wear and tear of the marble. However, the Tribunal dismissed the appeal as the petitioner failed to provide evidence supporting this claim. The Court upheld the Tribunal's decision, emphasizing that the issue was about the shortage, not the manufacturing process.

Issue 3: Application of the judgment of Aman Marbles Industries Pvt. Ltd. v. C.C.E., Jaipur
The petitioner invoked the judgment of Aman Marbles Industries Pvt. Ltd. v. C.C.E., Jaipur, arguing that it supported their case. However, the Court clarified that the judgment was not applicable as the key issue was the shortage of marble slabs, not the manufacturing process. The Court emphasized that the petitioner's argument did not align with the facts of the case, leading to the dismissal of the reference petition.

Issue 4: Entitlement to refund based on a previous judgment
The petitioner sought a refund based on a previous judgment, claiming entitlement due to the decision in Aman Marble Industries Pot. Ltd. v. C.C.E., Jaipur. The Court rejected this claim, stating that the judgment cited was not relevant to the present case. The Court dismissed the writ petition, emphasizing that it was not maintainable based on the same grounds as the reference petition.

In conclusion, the Court dismissed both the reference petition and the writ petition, finding no substantial question of law and rejecting the application of previous judgments that were deemed irrelevant to the issues at hand.