2019 (10) TMI 45 - AT - Central Excise

Compounded levy scheme - manufacture of stainless steel pattas and pattis - the learned Commissioner (Appeals) confirmed the demand of duty on two additional machines, instead of four additional machines as proposed, or in other words, confirmed the duty on four machines - HELD THAT - There is no evidence on record that the appellant have operated more than two machines in violation of the declaration. Further, the finding of the Commissioner (Appeals) is erroneous wherein he has observed that the appellant have no led any evidence to support that they have only operated two machines and not four machines, in contrary to its submission/ written submission. This finding cannot stand in view of the monthly declaration filed by the appellant at the end of each preceding month wherein they have declared the number of cold rolling machine employed as two. Further, Revenue has not brought any evidence on record that the appellant have operated more than two machines during the disputed period, in violation of their declaration. Thus, the SCN is presumptive having no legs to stand. Appeal allowed - decided in favor of appellant.

Summary

Issues:
1. Interpretation of Notification No. 17/2007-CE regarding payment of excise duty for manufacture of stainless steel pattas and pattis under a special procedure.
2. Determination of the number of cold rolling machines for which duty is payable under the compounded levy scheme.
3. Assessment of duty liability based on the machines installed and operated during the relevant period.

Analysis:
1. The case involved the interpretation of Notification No. 17/2007-CE, which allowed manufacturers to pay excise duty based on the number of cold rolling machines installed for producing goods like stainless steel pattas and pattis. The notification specified the duty amount per machine and prohibited taking credit on raw materials used in the cold rolling process. The prescribed procedure had to be followed for availing this benefit.

2. The dispute arose when the Revenue alleged that the appellant had six cold rolling machines during a specific period and should pay duty for all six machines. The appellant contended that only two machines were in operation, as per their monthly declarations. The Assistant Commissioner initially dropped the show cause notice, citing a ruling that duty is not leviable when machines are not installed or operated. However, the Commissioner (Appeals) upheld the duty demand for four machines, considering only two machines as inoperative.

3. The Tribunal found no evidence supporting the Revenue's claim that the appellant operated more than two machines, contrary to their declarations. The monthly declarations submitted by the appellant indicated the use of only two machines. As the Revenue failed to provide evidence of non-compliance with the declaration, the show cause notice was deemed presumptive. The Tribunal allowed the appeal, setting aside the Commissioner's order and restoring the original decision in favor of the appellant.

In conclusion, the Tribunal's decision clarified the duty liability under the compounded levy scheme, emphasizing the importance of following prescribed procedures and providing evidence to support claims regarding the number of machines in operation for excise duty calculation.