2002 (8) TMI 180 - AT - Central Excise

Summary

Issues Involved:
Whether the capacity of the Stand-By Mill has to be considered in determining the Annual Capacity of Production.

Analysis:
The appeal filed by M/s. Aditya Steel Industries Limited raised the issue of whether the capacity of the Stand-By Mill should be included in calculating the Annual Capacity of Production. The appellants manufacture Bars and Rods of non-alloy steel, and they have a Stand-By Mill that operates when the primary Mill is not functioning. The appellants argued that both Mills cannot run simultaneously due to technical constraints with the power supply and transformer capacity. The appellants cited relevant Board Circulars from 1997 to support their contention that idle capacity should not be considered for determining production capacity.

The learned Consultant for the appellants highlighted that Circulars issued by the Board in 1997 regarding induction furnaces were also applicable to re-rolling mills, emphasizing that the idle capacity should not be factored in for determining production capacity. On the other hand, the learned SDR reiterated the findings of the impugned Order, questioning the applicability of the Circulars to re-rolling mills and whether they were brought to the notice of the adjudicating authority. The appellants clarified that the Circulars were indeed presented during the personal hearing before the Commissioner.

Upon considering the submissions from both sides, the Tribunal referred to the Circular dated 25-7-97 concerning induction furnaces, which clarified that idle capacity should not be included in determining production capacity. The Tribunal noted that the Commissioner did not dispute the appellants' claim regarding technical limitations preventing both Mills from running simultaneously. As there was no evidence to refute this claim, the Tribunal agreed with the appellants that the idle capacity of the Stand-By Mill should not be factored into the calculation of Annual Capacity of Production. Consequently, the demand for Central Excise Duty based on including the idle mill's capacity was set aside, and the appeal was allowed.