2009 (7) TMI 379 - AT - Central Excise

Abatement of duty Production capacity based duty - Appellants who are engaged in manufacture of Pan Masala, were required to pay the duty under Pan Masala Packing Machines (Capacity Determination And Collection of Duty) Rules, 2008 - As per Section 10 of the said Notification, the manufacturer claiming abatement of duty for non-production of notified goods need to file an intimation 7 days prior to intended period of closure of manufacturing activity at least for a minimum period of 15 days. - officers on 2-7-08 sealed the packing machine. The said sealing was lifted on 18-7-08. Accordingly, the appellants applied for abatement in terms of said Section as the machine in question was not utilised for production for a period of 15 days. - The said abatement stand denied to the appellant by the authorities below on the ground that no intimation was given by the assessee and the manufacturing activity cannot be closed prior to 9-7-08. - Admittedly, the notification itself was issued on 1-7-08 and the machine was sealed on 2-7-08. As such, there was no question of intimation of non-manufacture to the Revenue prior to the said closure. - As such, I find no merit in the reasoning of the authorities below and accordingly set aside the impugned order

Issues: Duty payment under Pan Masala Packing Machines Rules, 2008; Abatement of duty for non-production of notified goods.

Duty Payment under Pan Masala Packing Machines Rules, 2008:
The judgment addresses the issue of duty payment by manufacturers of Pan Masala under the Pan Masala Packing Machines (Capacity Determination And Collection of Duty) Rules, 2008. The tribunal notes that as per Section 10 of the Notification No. 30/2008-C.E. (N.T.), dated 1-7-08, manufacturers claiming abatement of duty for non-production of notified goods must file an intimation 7 days before the intended closure of manufacturing activity for at least 15 days. The appellant's factory was visited by officers who sealed the packing machine on 2-7-08, and the sealing was lifted on 18-7-08. The appellant applied for abatement as the machine was not utilized for production for 15 days. However, the authorities denied abatement due to lack of intimation by the assessee and the alleged premature closure of manufacturing activity before 9-7-08.

Abatement of Duty for Non-Production of Notified Goods:
The tribunal critically analyzes the denial of abatement by the authorities based on the grounds of lack of intimation and premature closure of manufacturing activity. It notes that the notification was issued on 1-7-08, and the machine was sealed on 2-7-08, making it impossible for the appellant to provide prior intimation of non-manufacture to the Revenue before the closure. The sealing of the machine by Central Excise officers was the reason for the closure, which was undisputed. The tribunal finds no merit in the reasoning of the authorities and sets aside the impugned order, allowing the appeal with consequential relief to the appellant.

This judgment clarifies the obligations of manufacturers under the Pan Masala Packing Machines Rules, 2008 regarding duty payment and abatement for non-production of notified goods. It emphasizes the importance of considering the circumstances surrounding manufacturing activity closures, especially when initiated by external factors such as sealing by regulatory authorities. The tribunal's decision underscores the need for a fair and contextual assessment of compliance requirements to ensure justice and fairness in duty-related matters.

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