2004 (1) TMI 77 - SC - Central Excise

Whether in respect of cigarettes manufactured from duty paid tobacco, they were entitled to reduce the amount of duty calculated at the rate of Rs. 5.50/- per thousand cigarettes at the stage when the duty is payable? Held that - As it could not be denied that the rates specified in column 2 of the table were rates which were to be taken into consideration for working out the assessable value of the goods. Thus, as per this Notification, in respect of cigarettes manufactured from duty paid tobacco, the rate mentioned in the table would be 400% plus Rs. 15.50/-. This is the rate which is to be taken into consideration for working out the asessable value. Thus the duty element is only 400% plus Rs. 15.50/- per one thousand cigarettes where they are manufactured out of duty paid tobacco. The Appellants do not have to pay Rs. 21/- for such cigarettes. Thus, there can be no deduction of Rs. 21/- at stage of working out the assessable value.

Summary

Issues Involved:
1. Interpretation of Notification No. 30/79-C.E., dated 1st March, 1979.
2. Stage at which the reduction of Rs. 5.50 per thousand cigarettes is to be applied.
3. Application of Section 4(4)(d) of the Central Excise Act.
4. Relevance of precedents, specifically Kirloskar Brothers Ltd. v. Union of India and Asstt. Collector of Central Excise v. Bata India Ltd.

Detailed Analysis:

1. Interpretation of Notification No. 30/79-C.E., dated 1st March, 1979:
The notification exempts certain cigarettes from a portion of the excise duty, specifying rates in a table. For cigarettes manufactured from duty-paid tobacco, the duty is reduced by Rs. 5.50 per thousand cigarettes. The core issue is whether this reduction should be applied at the stage of duty payment or during the calculation of the assessable value.

2. Stage at which the reduction of Rs. 5.50 per thousand cigarettes is to be applied:
The appellants argued that the reduction should be applied at the stage of duty payment, claiming that applying it during the calculation of the assessable value results in only a partial benefit. The respondents and lower authorities maintained that the reduction should occur during the calculation of the assessable value. The Supreme Court upheld the latter interpretation, stating that the reduction of Rs. 5.50 must be applied when determining the assessable value, not at the duty payment stage.

3. Application of Section 4(4)(d) of the Central Excise Act:
The appellants contended that the notification should be read in conjunction with Section 4(4)(d) of the Central Excise Act, which defines "value" for excise duty purposes. They argued that the notification's exemption should affect the assessable value calculation. The Court disagreed, clarifying that the notification's wording explicitly reduces the duty rate for cigarettes made from duty-paid tobacco by Rs. 5.50 per thousand, which should be reflected in the assessable value.

4. Relevance of precedents:
Kirloskar Brothers Ltd. v. Union of India: The appellants cited this case, where the deduction was applied at the duty payment stage, but the Court found the notification's wording in Kirloskar Brothers different from the current case. The precedent did not apply due to differing notification language.

Asstt. Collector of Central Excise v. Bata India Ltd.: The Court referenced this case, which supported the view that the assessable value should be calculated without including excise duty unless explicitly stated otherwise. The decision emphasized that the duty element should be excluded from the assessable value only if it is actually payable.

Conclusion:
The Supreme Court upheld the lower authorities' interpretation that the reduction of Rs. 5.50 per thousand cigarettes should be applied during the calculation of the assessable value. The appeal was dismissed, affirming that the duty rate for cigarettes made from duty-paid tobacco is 400% plus Rs. 15.50 per thousand. The Court found no merit in the appellants' arguments and ruled in favor of the respondents, with no order as to costs.