2003 (7) TMI 233 - AT - Central Excise

Summary

Issues:
Capacity determination under Hot Re-rolling Steel Mills Annual Capacity Determination Rules, 1997; Failure to obtain written approval for change in parameters; Duty short paid; Adjudication by Deputy Commissioner; Appeal before Commissioner (Appeals).

Analysis:

1. Capacity Determination: The appellant, operating a rolling mill, applied for capacity determination under the Hot Re-rolling Steel Mills Annual Capacity Determination Rules, 1997. The Commissioner initially determined the capacity at 3205 tons. Subsequently, the appellant requested re-determination based on changed parameters affecting the final capacity, which was communicated to the Commissioner.

2. Failure to Obtain Approval: Despite changing parameters and requesting approval for reduced capacity of 1205 tons, the appellant continued to pay duty at the higher rate. The Superintendent's letter and subsequent show cause notice demanded duty short paid due to the initial capacity determination. The Commissioner (Appeals) dismissed the appeals against this order, emphasizing the lack of written permission for the parameter change.

3. Adjudication and Appeal: The Deputy Commissioner confirmed the demand for duty short paid. The Commissioner (Appeals) upheld this decision, stating that the appellant did not obtain written approval before changing parameters, rendering the request invalid. The Commissioner's order reiterated the Superintendent's stance on the necessity of prior approval for parameter changes.

4. Procedural Delays: The appellant argued that despite following the procedure and waiting for the Commissioner's response, no action was taken on the application for capacity re-determination. The Trade Notice specified timelines for processing such requests, emphasizing the need for timely approvals to prevent undue financial burden on the assessee.

5. Judgment and Conclusion: The Tribunal found the appellant's actions reasonable, considering the delay in the Commissioner's response. The Trade Notice's provisions aimed to prevent undue delays in processing capacity change requests. As the appellant had submitted the application promptly and followed the required procedures, the Tribunal set aside the Commissioner (Appeals) orders, allowing the appeals and acknowledging the reasonableness of the appellant's proposed effective date for the parameter change.

This detailed analysis of the judgment highlights the key issues surrounding capacity determination, procedural compliance, and the impact of delays in obtaining necessary approvals within the prescribed timelines.