2008 (7) TMI 312 - HC - Central Excise

Initially Commissioner fixed the annual capacity at 5MT on basis of invoice Subsequently assessee by producing certificate issued by Chartered Engineer & Manufacturer declared that the furnace installed had deteriorated and the capacity was reduced to 4MTs- held that Tribunal has the jurisdiction to grant reduction of annual capacity of induction furnace from 5MT to 4 MT Commissioner reading the Induction of Furnace Annual Capacity Determination Rules in a pedantic manner is not justified

Summary

Issues:
1. Capacity determination of induction furnace - reduction from 5MT to 4MT.
2. Jurisdiction of Tribunal to grant reduction in capacity.
3. Reliance on documents by Tribunal for capacity determination.

Analysis:

Issue 1: Capacity determination of induction furnace - reduction from 5MT to 4MT
The respondent, engaged in manufacturing steel ingots, initially declared the furnace capacity as 5MT based on an invoice. Subsequently, the respondent claimed a reduction to 4MT due to furnace deterioration, supported by a certificate from a Chartered Engineer. The Commissioner rejected the claim, leading to an appeal before the Tribunal. The Tribunal, after considering various certificates and reports, concluded that the Commissioner's denial was incorrect. The Tribunal emphasized the need to evaluate evidence comprehensively and not restrict assessment to the original invoice only.

Issue 2: Jurisdiction of Tribunal to grant reduction in capacity
The Appellant argued that once the capacity was determined as per the invoice, the respondent could not seek a change without prior approval. The Appellant contended that the Tribunal erred in allowing the reduction under Rule 3(1) of the Rules. However, the Tribunal's decision was based on a holistic review of all evidence, including certificates from the manufacturer and Chartered Engineer, which the Commissioner had overlooked. The Tribunal's approach was deemed appropriate in interpreting the Rules for capacity determination.

Issue 3: Reliance on documents by Tribunal for capacity determination
The Commissioner solely relied on the invoice for capacity determination, disregarding subsequent certificates. In contrast, the Tribunal considered all evidence, including reports supporting the respondent's claim. The Tribunal criticized the Commissioner's narrow interpretation of the Rules and emphasized the importance of evaluating the current working capacity rather than solely relying on the original invoice. The Tribunal's decision to consider all relevant documents was deemed correct in light of the Rules for Annual Capacity Determination.

In conclusion, the High Court upheld the Tribunal's decision, dismissing the appeal by the Appellant-Revenue. The Court found no substantial question of law arising from the Tribunal's order, affirming the Tribunal's comprehensive evaluation of evidence and correct interpretation of the Rules for Annual Capacity Determination.