1977 (7) TMI 54 - HC - Central Excise

Summary

Issues:
1. Liability of a tobacco grower for excise duty under Rule 29 of the Central Excise Rules.
2. Interpretation of the term "Proper Officer" under the Central Excise Rules.

Analysis:
1. The petitioner, a tobacco grower, had taken out a license for curing tobacco and submitted a return showing the quantity of tobacco cured. A demand for excise duty was made on the petitioner for tobacco transferred to a licensed dealer, which the dealer denied receiving. The petitioner challenged the demand through appeals and a revision petition. The main contention was whether the petitioner's liability for excise duty continues until the transfer of ownership is reported and acknowledged by the proper officer, as per Rule 29 of the Central Excise Rules.

2. The dispute centered around the interpretation of Rule 29 and the definition of the "Proper Officer." The petitioner argued that he had reported the transfer of ownership to the Central Excise Officer at Dharapuram, where the curing operations were carried out, and the officer had acknowledged it. The respondents contended that the transfer should have been reported to and acknowledged by the Excise Officer at Bhavani, where the alleged purchaser had a licensed warehouse. The court analyzed the relevant rules, including Rule 19, Rule 24, Rule 26, and Rule 31, to determine the scope of the petitioner's liability and reporting obligations.

3. The court held that the Central Excise Officer at Dharapuram, where the curing operations took place, was the proper officer for the petitioner. The petitioner's duty was to report the transfer of ownership to this officer, and once acknowledged, his liability for excise duty should cease. The court emphasized that the purpose of Rule 31, requiring a transport permit, was to ensure accountability and recovery of excise duty from the transferee, not the curer. Therefore, the demand for excise duty on the petitioner was set aside, ruling in favor of the petitioner. The judgment clarified the obligations of a tobacco grower under Rule 29 and the role of the proper officer in determining liability for excise duty.