2001 (12) TMI 84 - HC - Central Excise

Summary

Issues Involved:
The petitioner's application under Section 35(G)(3) for referring a question of law to the High Court was rejected by the Customs Excise and Gold (Control) Appellate Tribunal, New Delhi (CEGAT) regarding the classification and rate of duty of Power Driven Pumps parts under Heading No. 84.13 and Exemption Notification No. 155/86.

Summary:

Issue 1: Rejection of Reference Application under Section 35(G)(1)
The Tribunal rejected the application under Section 35(G)(1) stating that no reference lies for matters involving valuation or rate of duty, as per the provisions of Section 35G. The Tribunal consistently held that no reference lies for matters related to classification vis-a-vis rate of duty, leading to the dismissal of the reference application.

Issue 2: Interpretation of Section 35G
The application under Section 35(G)(1) was dismissed not due to the absence of a legal question but because the question of law regarding the Tribunal's order, concerning the rate of Duty of Excise, cannot be referred under Section 35(G) as per the clear provision of Section 35G. The limitations of Section 35(G)(3) align with the Tribunal's power under Section 35(G)(1) in making a reference.

Issue 3: Controversy Surrounding Excise Duty Rates
The controversy revolves around the Excise Duty rates applicable to parts of power driven pumps. The petitioner argued that the parts fall under the same classification as the pumps, subject to a lower duty rate per an exemption notification. The question arises whether the exemption extends to parts and accessories of such goods, posing a legal question but ultimately related to the determination of the Excise Duty rate, making it ineligible for reference under Section 35(G).

Conclusion:
The High Court upheld the Tribunal's decision, stating that no reference application was maintainable under Section 35(G)(1) due to the nature of the legal question concerning the rate of Excise Duty. The application was dismissed, and no costs were awarded. The matter was deemed ineligible for reference under Section 35(G) and could be challenged directly to the Supreme Court under Section 35L.