2022 (11) TMI 1537 - AT - Central Excise

Levy of Excise duty - Applicability of N/N. 42/2008-CE and the Pan Masala Packing Machines (Capacity Determination and Collection of Duty) Rules 2008 - compounded levy scheme - It is the contention of the appellant that the samples cleared by them were not manufactured of power operated packing machines but were made by hand filling and hence the provisions of these rules do not apply to them - HELD THAT - Rule 11 of the Rules specifically provides for declaration of the RSP and Rule 12 provides for the manner in which the RSP needs to be determined by the departmental authorities in case were the goods were cleared without declaration of RSP or the RSP was obliterated etc. after the clearance of the goods. The Rule 12 do not prescribe the manner in which revenue has proceeded to determine the RSP for making these demands by referring to the tariff values as per the notification issued under Section 3 of the Central Excise Act 1944. In Annexure II to the Show Cause Notice in remarks column the manner of determination of the RSP has been stated Retail packs of 4 gms Cleared without printing RSP. Tariff Value 3 per unit pack (Notfn No 3/2006-CE (NT) dated 01.03.2006 as amended.) Duty Payable per packing machine per month as per Sr No 4 of table 1 to Notification No 42/2008 CE dated 01.07.2008 as amended. Thus it is seen that RSP has been determined on the basis of the Notification issued under Section 3 fixing Tariff Value. Such method of determination of RSP is not even prescribed method for the determination of RSP as per Rule 12. It is settled law that when a statue prescribes a manner of doing the thing then it would be done in the manner prescribed or not at all. Hence there are no position to approve of the manner in which RSP has been determined specifically by referring to Notification issued under Section 3 which by use of non obstante clause in Section 3A. Conclusion - i) The compounded levy scheme applies only to goods manufactured with the aid of packing machines thus the compounded levy scheme was not applicable. ii) Determination of RSP is invalid. Appeal allowed.

1. ISSUES PRESENTED and CONSIDERED

The core legal questions considered in this judgment are:

Whether the duty demands made under Notification No. 42/2008-CE and the Pan Masala Packing Machines (Capacity Determination and Collection of Duty) Rules, 2008, are applicable to the appellant.
Whether the goods manufactured by the appellant were subject to excise duty under the compounded levy scheme, given that they were hand-filled and not packed using machines.
Whether the method used by the revenue to determine the Retail Sale Price (RSP) by referring to the tariff values under Section 3 of the Central Excise Act, 1944, was valid.
Whether the appellant's failure to declare the RSP and the subsequent determination of duty based on deemed production was justified.
Whether the penalties and interest imposed on the appellant were warranted under the circumstances.

2. ISSUE-WISE DETAILED ANALYSIS

Issue 1: Applicability of Notification No. 42/2008-CE and the Pan Masala Rules, 2008

Legal Framework and Precedents: The relevant legal framework includes Notification No. 42/2008-CE, the Pan Masala Packing Machines (Capacity Determination and Collection of Duty) Rules, 2008, and Section 3A of the Central Excise Act, 1944.
Court's Interpretation and Reasoning: The court examined whether the appellant's goods, which were hand-filled and not packed using machines, fell under the scope of the compounded levy scheme. The court noted that the scheme applies to goods manufactured with the aid of packing machines.
Key Evidence and Findings: The appellant contended that the goods were hand-filled and not subject to the compounded levy scheme. The court found merit in this contention, as the goods did not meet the criteria of being manufactured with packing machines.
Application of Law to Facts: The court applied the provisions of the Pan Masala Rules, 2008, and determined that the appellant's goods were not subject to the compounded levy scheme due to the absence of machine packing.
Treatment of Competing Arguments: The court considered the revenue's argument that the presence of a packing machine in the factory implied applicability of the scheme. However, the court found that the machine was not operational and thus did not warrant duty under the scheme.
Conclusions: The court concluded that the compounded levy scheme was not applicable to the appellant's goods, as they were not manufactured with the aid of packing machines.

Issue 2: Determination of Retail Sale Price (RSP)

Legal Framework and Precedents: Rule 12 of the Pan Masala Rules, 2008, provides the method for determining RSP in cases of non-declaration.
Court's Interpretation and Reasoning: The court found that the revenue's method of determining RSP by referring to tariff values under Section 3 was not in accordance with Rule 12.
Key Evidence and Findings: The revenue determined the RSP based on a notification under Section 3, which the court found inappropriate given the non obstante clause in Section 3A.
Application of Law to Facts: The court applied Rule 12 and determined that the revenue's method was invalid as it did not follow the prescribed manner.
Treatment of Competing Arguments: The court rejected the revenue's argument and upheld the appellant's contention that the RSP determination was flawed.
Conclusions: The court concluded that the determination of RSP by the revenue was invalid and not in compliance with the prescribed rules.

Issue 3: Imposition of Penalties and Interest

Legal Framework and Precedents: The penalties and interest were imposed under Rule 17 of the Pan Masala Rules, 2008, and Section 11AB of the Central Excise Act, 1944.
Court's Interpretation and Reasoning: The court found that since the compounded levy scheme was not applicable, the penalties and interest were also not justified.
Key Evidence and Findings: The court noted that the appellant had informed the department about the non-use of packing machines, which was not considered by the revenue.
Application of Law to Facts: The court applied the provisions of the Pan Masala Rules and concluded that the penalties and interest were unwarranted.
Treatment of Competing Arguments: The court rejected the revenue's argument for penalties and interest, considering the appellant's compliance with procedural requirements.
Conclusions: The court concluded that the penalties and interest imposed on the appellant were unjustified and should be set aside.

3. SIGNIFICANT HOLDINGS

Verbatim Quotes of Crucial Legal Reasoning: "The goods shall be deemed to be manufactured with the aid packing machine irrespective of whether it is in use or not, or is in working condition or not."
Core Principles Established: The court established that the compounded levy scheme applies only to goods manufactured with the aid of packing machines, and the determination of RSP must follow the prescribed rules.
Final Determinations on Each Issue: The court determined that the compounded levy scheme was not applicable, the RSP determination was invalid, and the penalties and interest were unjustified.

The judgment underscores the importance of adhering to the prescribed legal framework and procedures in determining excise duty and related liabilities. The court's analysis highlights the necessity of following statutory guidelines and the limitations of administrative discretion in the absence of compliance with legal provisions.

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