1987 (7) TMI 236 - AT - Central Excise

Summary

Issues:
- Levying of cess on paper and paper board products
- Claim for refund of cess paid
- Interpretation of the date of public availability of the notification
- Applicability of government order dated 27-10-1980
- Precedents regarding publication and enforcement of notifications
- Dismissal of the appeal

Analysis:
1. The Central Government issued an order on 27-10-1980 levying cess on paper and paper board products at a rate of 1/8% ad valorem from 1-11-1980. The Paper and Paper Board Cess Rules, 1981 were published on 16-2-1981, outlining the collection procedure. The appellants, manufacturers of paper products, paid the cess from 1-11-1980 to 15-2-1981 and later sought a refund, claiming no cess was due until the rules were published. The refund claim was denied by the authorities, leading to the appeal before the Tribunal.

2. The appellants argued that the liability to pay cess arose only when the notification was made public, not when printed. They cited various legal decisions to support their stance. However, the respondent contended that the cess was correctly charged based on the 27-10-1980 notification, rejecting the appellants' claim for a refund.

3. The Tribunal examined both arguments and reviewed the case records. It found no evidence to support the appellants' claim that the 27-10-1980 order was not made public on the specified date. The Tribunal emphasized that the levy of cess was effective from 1-11-1980 as per the government order, regardless of the subsequent publication of collection rules. Precedents were cited where similar contentions were dismissed, affirming that the cess was due from the specified date.

4. The Tribunal upheld the lower authorities' decisions, stating that the cess was correctly recovered from the appellants during the period in question. Citing previous tribunal orders, the Tribunal emphasized that the obligation to pay the cess commenced on 1-11-1980 and was not contingent on the publication of collection rules. Therefore, the appeal was dismissed for lack of merit.

5. The appellants' reliance on legal precedents was addressed, with distinctions drawn between those cases and the current scenario. The Tribunal clarified that the government order levying cess was indeed made available to the public before the effective date, differentiating this case from the cited judgments. The Tribunal found the other legal references provided by the appellants irrelevant to the main issue at hand.

6. In conclusion, the Tribunal found no merit in the appeal and dismissed it based on the analysis of the arguments presented and the legal precedents cited.