2001 (12) TMI 95 - HC - Central Excise

Summary

Issues Involved:
1. Validity of certain clauses of notifications issued u/s 3(3) of the Central Excise Act, 1944.
2. Determination of independent textile processing annual capacity.
3. Rate of excise duty on processed textile fabrics.
4. Ultra vires challenge to the notifications u/s 3A, 11AB, and 37 of the Act.

Summary of Judgment:

Issue 1: Validity of Notifications u/s 3(3) of the Central Excise Act, 1944
The petitioners challenged the clauses of notifications issued by the Central Government u/s 3(3) of the Central Excise Act, 1944. The court noted that Section 3 is a charging section for excise duty, and Section 3A allows the Central Government to levy excise duty based on the capacity of production for notified goods. The notifications in question were issued to determine the annual capacity of production and the rate of excise duty on processed textile fabrics.

Issue 2: Determination of Independent Textile Processing Annual Capacity
The court examined the rules framed under Notification No. 42/98, which outlined the method for determining the annual capacity of production based on the number of hot-air stenters and other factors. The petitioners argued that the rules did not provide a method to determine the actual capacity of production, but rather the annual value of production, which was contrary to Section 3A(1) of the Act. The court found that the rules failed to provide a workable formula for determining the annual capacity of production and were based on arbitrary values without any basis.

Issue 3: Rate of Excise Duty on Processed Textile Fabrics
Under Notification No. 36/1998, the Central Government specified the rate of excise duty based on the average value of processed fabrics. The court found that the rates were fixed without any rational basis and did not align with the actual capacity of production. The court held that the method of fixing a flat rate based on the number of chambers and average value was not in accordance with Section 3A of the Act.

Issue 4: Ultra Vires Challenge to the Notifications
The court held that the rules framed under Notification No. 42/1998 and other related notifications were ultra vires Section 3A of the Act. The court cited precedents from the Supreme Court, emphasizing that tax laws must be rational and not arbitrary. The court concluded that the impugned notifications failed to provide a rational basis for determining the annual capacity of production and were therefore invalid.

Conclusion:
The court allowed the writ petitions, declaring the impugned notifications and rules as ultra vires Section 3A of the Central Excise Act, 1944. The petitioners were held liable to pay excise duty under Section 3 or other relevant provisions. The writ petitions were allowed with no costs, and connected miscellaneous petitions were closed.