2007 (7) TMI 150 - HC - Central Excise

However Automobile cess cannot be levied on Tractors under Automobile Cess Rules but Cess under IDRA or the Education cess under Finance Act should be paid by petitioner Exemption from excise duty provided under notification cannot be extended to the payment of cess provided under the IDRA

Summary

Issues:
Jurisdiction to collect cess on tractors, applicability of exemptions on excise duty, recovery of cess under different Acts, classification of tractors under automobile, machinery for recovery of cess, interpretation of exemption notifications, liability to pay education cess.

Analysis:
The petitioner challenged the jurisdiction of respondents to collect cess on tractors, citing exemption from excise duty in specified areas. The Industries (Development and Regulation) Act, 1951, allowed for the imposition of cess on scheduled industries. The Ministry of Industry levied a duty on tractors, and later, an education cess was imposed under the Finance Act. The petitioner argued that tractors, exempt from excise duty, should not be liable for cess. The respondents contended that exemptions applied only to excise duty, not cess under IDRA or education cess.

The court examined whether tractors fell under the definition of 'automobile' for cess collection under the Automobile Cess Rules. Tractors were classified under 'Agricultural Machinery,' not 'Transportation' like automobiles. The court rejected the argument that tractors should be treated as motor vehicles, as the legislature intentionally differentiated tractors from automobiles. It held that cess on tractors could not be collected under the Automobile Cess Rules.

Although cess was levied on tractors, the court noted the absence of machinery for cess recovery. Consequently, it held that cess on tractors could not be collected until proper rules or instructions were in place. The court overruled the preliminary objection, asserting its jurisdiction to entertain the petition due to the lack of a forum for grievance redressal.

Regarding exemptions, the court emphasized that excise duty exemption did not extend to cess under IDRA. The notification exempting industries from excise duty did not cover cess under IDRA or education cess. Therefore, the petitioner was liable to pay both cess on tractors and education cess as per the law.

The court dismissed the petitioner's argument against paying education cess, clarifying that it could be calculated based on notional excise duty. Ultimately, the court rejected the petitioner's contention of non-liability for cess under IDRA or education cess, emphasizing that recovery must align with the law and not the Automobile Cess Rules.

In conclusion, the writ petition was disposed of with no costs, affirming the petitioner's liability to pay cess under IDRA and education cess while highlighting the necessity for proper recovery mechanisms and adherence to legal provisions.