1977 (10) TMI 41 - HC - Central Excise

Sample - Test reports - Validity - Samples of yarn - Tolerance limit - Determination of counts - Scope

Summary

Issues:
Assessment of Excise Duty based on yarn counts, application of tolerance limit, validity of test reports for duty assessment, interpretation of sample results for duty calculation.

Analysis:
The writ petition involved a dispute regarding the assessment of Excise Duty on cotton yarn manufactured by the petitioner. The Excise authorities had levied a higher duty rate based on the counts determined by the Chief Chemist, which were found to be higher than the counts declared by the manufacturer. The main contention was whether the tolerance limit of 2.5% should be applied to the declared count or the count determined by the Chemist. The Central Government argued that the tolerance should only apply to the declared count, while the respondent contended that it should apply to both counts. The Court referred to administrative instructions indicating that the tolerance should be allowed on the declared count only, not on the determined count. Therefore, the Court held that the yarn represented by the sample was of a higher count, justifying the duty assessment at the higher rate.

Another issue raised was the validity of test reports for assessing duty on the entire quantity of yarn manufactured during a specific period. The authorities had sought to levy duty at a higher rate for the yarn produced between two sampling dates based on the results of the second sample. However, the Court emphasized that the manufacturer had taken steps to ensure conformity with the declared count after the first sample was found to be in excess. Citing a precedent, the Court held that test results cannot be used for the entire period but should be specific to the samples taken. Therefore, the Court concluded that the duty assessment at a higher rate for the entire period was arbitrary and not justified.

The Court also addressed the argument that the manufacturer had admitted to producing yarn at a higher count throughout the period. However, upon reviewing the manufacturer's contentions and circumstances, the Court found that the removal of the spinning master indicated corrective action had been taken, leading to the production of yarn within the declared count after the first sample date. Consequently, the Court rejected the argument that the manufacturer continuously produced yarn at a higher count.

In conclusion, the Court modified the direction given by the lower court regarding the application of tolerance on the determined count but upheld the decision to grant relief to the writ petitioner by declaring the demand for higher duty as unenforceable. The writ appeal was dismissed, and no costs were awarded in the case.