1989 (9) TMI 100 - SC - Central Excise

Whether the duty on yarn under the scheme is payable on the production of yarn or on the date of clearance of the fabrics? Held that - view taken by the Tribunal has to be upheld. Yarn is an excisable commodity and it is common ground before us that, normally and but for the special procedure and notification, duty thereon is leviable at the point of production and clearance for captive consumption. On that view, the duty attaches itself at the point of production and clearance of the yarn. The notification does not alter this position. It does not shift the incidence of duty from yarn to the woven fabric. It still talks only of the liability of the yarn to duty and proceeds to provide only for its postponed collection. If we are right on this, the duty on such yarn - produced between 17-3-1972 and 24-7-1972 - has to be determined in accordance with the rates specified in the notification, though such rates may have to be calculated in terms of the area of the fabric cleared on or after 24-7-1972. The duty cannot be determined at the rates specified for yarn under Item 18-E as applicable on the dates of clearance of the fabric manufactured by using the yarn. To hold otherwise would really mean holding that the incidence of duty on the yarn under the notification arises only on the date of clearance of the manufactured fabric. This, in our view, is not the effect of the notification No. 62/72, on 17-3-1972. Appeal dismissed.

Issues Involved:
1. Applicability of Rules 96 V & W of the Central Excise Rules.
2. Effect of Notification No. 169/72 dated 24-7-1972 on the yarn produced and cleared before this date.
3. Determination of duty rates for yarn produced and used for captive consumption between 17-3-1972 and 23-7-1972.

Detailed Analysis:

1. Applicability of Rules 96 V & W of the Central Excise Rules:

The judgment discusses the special provisions under Rules 96 V & W, which allowed manufacturers of cotton yarn or yarn falling under Item 18-E to pay excise duty based on the area of fabric produced rather than the weight of the yarn. This scheme was introduced to simplify the duty collection process and avoid undue burden on manufacturers. The rules provided that duty on yarn would be calculated and collected at the time of fabric clearance, not at the yarn production stage. The notification issued under Rule 96-W fixed specific rates per square meter of fabric produced.

2. Effect of Notification No. 169/72 dated 24-7-1972 on the yarn produced and cleared before this date:

The core issue was the impact of the Government's Notification No. 169/72, which made the special procedure inapplicable to yarn produced and used for weaving by the appellants. The department argued that yarn produced and cleared for captive consumption before 24-7-1972 but lying in various stages of manufacture or as uncleared fabric on this date should be subjected to the normal duty rates under Item 18-E. Conversely, the assessee contended that the duty was attracted at the point of yarn production and clearance for captive consumption, and the special rates under the notification should apply until the fabric was cleared.

3. Determination of duty rates for yarn produced and used for captive consumption between 17-3-1972 and 23-7-1972:

The Tribunal accepted the assessee's contention, holding that yarn cleared for captive consumption during the specified period was entitled to the concessional rates under Notification No. 62/72. The Supreme Court upheld this view, stating that duty on yarn attaches at the point of production and clearance for captive consumption, and the notification only postponed the collection of this duty. The proviso to Rule 96-W, which allowed recalculation of duty in case of rate changes, did not apply to situations where the notification had ceased to apply by the date of fabric clearance. The Court concluded that the normal duty rates could only apply to yarn produced on or after 24-7-1972, and the assessee was entitled to a refund for the period before this date.

Conclusion:

The Supreme Court dismissed the appeals, affirming the Tribunal's decision that the assessee was entitled to the concessional rates for yarn produced and used for captive consumption between 17-3-1972 and 23-7-1972. The Court emphasized that the duty liability attached at the point of yarn production and clearance for captive consumption, and the notification only postponed its collection. The normal duty rates could not be retrospectively applied to yarn produced before 24-7-1972.

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