2018 (12) TMI 9 - AT - Central Excise

Concessional rate of duty on wagons of pay-load not exceeding 60 MT - Benefit of N/N. 452/86-CE dated 20.11.1986 - Since the pay-load exceeded 60 MT, the department was of the view that the benefit of N/N. 452/86-CE dated 20.11.1986 will not be available to the respondent - Held that - The declared pay-load capacity is 60 MT, in terms of the drawing and design submitted by Railways to the Respondent. The investigation carried out by the department has raised doubts that the pay-load capacity is in excess of 60 MT but only to the extend of 00.008 MT - the adjudicating authority has accepted the declaration of the pay-load capacity by Railway, there is no reason to interfere with the impugned order and the same is sustained - appeal dismissed - decided against Revenue.

Summary

Issues:
- Interpretation of Notification No.452/86-CE dated 20.11.1986 regarding concessional rate of duty for Railway Wagons with pay-load not exceeding 60 MT.
- Discrepancy in pay-load capacity of wagons between the department's investigation and the Railways' declaration.
- Validity of dropping the demand for Central Excise duty by the adjudicating authority.

Analysis:
1. Interpretation of Notification: The appeal involved a dispute over the concessional rate of duty for Railway Wagons under Notification No.452/86-CE dated 20.11.1986, applicable to wagons with a pay-load not exceeding 60 MT. The Revenue contended that the wagons' pay-load exceeded the specified limit, thus challenging the benefit of the notification.

2. Discrepancy in Pay-load Capacity: The department's investigation concluded that the wagons' pay-load exceeded 60 MT based on internal documents of the respondent. However, the adjudicating authority accepted the Railways' declaration that the pay-load capacity was within the permissible limit. The department argued that the adjudicating authority did not provide detailed reasons for dropping the demand concerning the remaining wagons supplied.

3. Validity of Dropping Demand: The adjudicating authority justified dropping the demand for Central Excise duty by emphasizing that the Railways' declaration of the wagons' pay-load capacity as 60 MT, as per specific drawing and design, was the determining factor. The authority noted that the respondent's declaration aligned with the Railways' documentation, indicating compliance with the notification's requirements. As the investigation only raised doubts about a minimal excess in pay-load capacity, the authority upheld the respondent's eligibility for the concessional rate of duty.

4. Final Decision: The Tribunal upheld the adjudicating authority's decision, citing the alignment between the respondent's declaration and the Railways' documentation regarding the wagons' pay-load capacity. Consequently, the appeal by the Revenue was rejected, and the cross objection was disposed of in favor of the respondent.

This detailed analysis highlights the key legal issues, arguments presented, and the Tribunal's reasoning in resolving the dispute over the applicability of the concessional rate of duty for Railway Wagons under the mentioned notification.