2017 (10) TMI 440 - HC - Central Excise

Violation of import conditions - Levy of Excise duty on Sugar - Export Certificate issued by Export Agency - Rule 5 of the Sugar Export Promotion Rules, 1973 - Held that - appeals are admitted to decided the question of law.

Summary

Issues Involved:
1. Interpretation of legal provisions regarding statutory exemption from levy of Excise duty on diverted sugar.
2. Liability to pay duty on diverted/sold export quota.
3. Compliance with procedural requirements under Sugar Export Promotion Rules.

Analysis:
1. The High Court considered the issue of whether the CESTAT had the power to grant statutory exemption from Excise duty on sugar diverted to the domestic tariff area instead of being exported. The court examined the provisions of the Sugar Export Promotion Act, 1958, and the Central Excise Act, 1944, to determine the legal status of the Export Certificate issued by the Export Agency. The court analyzed the applicability of Section 7(1) and Section 7(4) of the SEPA, 1958, in relation to the levy and collection of duty on sugar. The court also reviewed the observations made by the CESTAT regarding the legal interpretation of the relevant rules and notices.

2. Another issue addressed by the High Court was the liability of the Respondent to pay duty on the quantity of sugar fixed for export but diverted or sold in the domestic market by the Export Agency. The court delved into the provisions of the Sugar Export Promotion Act, 1958, specifically Section 7(1) and Section 7(4), to ascertain the responsibility of the Respondent to pay Additional Excise Duty. The court scrutinized the actions of the Export Agency and the implications of diverting the export quota to the domestic market. The court also examined the correctness of the CESTAT's decision in absolving the Respondent from duty payment based on the circumstances of the case.

3. Additionally, the High Court analyzed whether the CESTAT correctly observed the absence of the condition precedent prescribed under Rule 5 of the Sugar Export Promotion Rules, 1973, in the Show Cause Notice or the impugned order. The court assessed the procedural compliance requirements under the Sugar Export Promotion Rules and the significance of adhering to the prescribed rules in the adjudication process. The court evaluated the implications of the procedural irregularity on the legality of the duty imposition and the validity of the CESTAT's decision.

This comprehensive analysis by the High Court provides a detailed examination of the legal issues surrounding the statutory exemption from Excise duty, liability for duty payment on diverted export quota, and compliance with procedural rules under the Sugar Export Promotion Act and Rules.