2017 (6) TMI 748 - AT - Central Excise

Default in payment of duty for the quarter ending of March, 2013 - constitutional validity of Rule 8 (3A) of Central Excise Rules, 2002 - Held that - The Hon ble High Court of Gujarat in the case of Indsur Global Ltd., Vs. Union of India 2014 (12) TMI 585 - GUJARAT HIGH COURT , examined the constitutionality of Rule 8(3A) of Central Excise Rules, 2002 and held that Rule 8 (3A) imposes wholly unreasonable restriction, violative of Article 14 of Constitution of India and it also is a serious affront to his right to carry on his trade or business guaranteed under Article 19 (1) (g) of the Constitution. Therefore, the portion without utilizing the CENVAT credit of sub-rule (3A) of Rule 8 of the CER, 2002, shall be invalid - since the provision of Rule 8 (3A) of the Central Excise Rules, 2002 are struck down as unconstitutional nothing survives in this appeal - appeal rejected - decided against appellant.

Summary

Issues:
Demand of Central Excise Duty under Rule 8 (3A) of Central Excise Rules, 2002.

Analysis:

Issue: Demand of Central Excise Duty under Rule 8 (3A) of Central Excise Rules, 2002.

The appeal was filed by the Revenue challenging Order-in-Appeal No. HYD-EXCUS-004-APP-048-15-16 CE dated 09.03.2016. Despite the absence of representation from the respondent, the issue was taken up for disposal. The main issue revolved around the demand of Central Excise Duty under Rule 8 (3A) of Central Excise Rules, 2002. The adjudicating authority had confirmed the demands raised, along with interest and penalty. However, the first appellate authority, relying on the judgment of the Hon’ble High Court of Gujarat in the case of Indsur Global Ltd., struck down the provisions of Rule 8 (3A) of Central Excise Rules, 2002, leading to the setting aside of the impugned order.

The first appellate authority correctly followed the ratio of the Hon’ble High Court of Gujarat, which held that Rule 8 (3A) imposes wholly unreasonable restrictions, violating constitutional provisions. The High Court of Gujarat found the restriction on utilization of CENVAT credit during default periods as invalid, rendering the demand for payment through PLA consignment-wise unnecessary. The High Court's decision was supported by the High Court of Madras in subsequent cases, emphasizing the unconstitutionality of Rule 8 (3A). Consequently, since the provision of Rule 8 (3A) was deemed unconstitutional, the appeal was rejected, upholding the impugned order.

In conclusion, the judgment highlighted the importance of constitutional provisions and the impact of High Court decisions on the interpretation and application of central excise rules. The ruling emphasized the need for adherence to legal principles and the significance of judicial precedents in resolving disputes related to excise duties and obligations.