2025 (1) TMI 1370 - AT - Central Excise

Suo-moto abatement of duty for the days when the machines were sealed by the Department and not in operation - SCN demanded Central Excise duty of Pan Masala for the whole month even when the machines were remained non-operational - HELD THAT - From the perusal of the order and facts of the appeal it emerges that demand of Central Excise duty has been confirmed on the machines for the days for which they have remained non-operational. It is also found that nowhere in the impugned order-in-original it has been mentioned by the adjudicating authority that appellant has not followed the laid-down procedure in the Pan Masala Packing Machines (Capacity Determination and Collection of Duty) Rules 2008. Whenever the appellant wanted to stop working of a number of machines due intimation has been given to the Department and the machines were sealed by the jurisdictional Superintendent of the range and whenever the machines were made operational the appellant have informed the department and they have started operating the machine only after the officers have de-sealed the machines. So it is apparent from the reading of Rule 10 of Pan Masala Packing Machines (Capacity Determination and Collection of Duty) Rules 2008 that abatement for the period of non-working of the machines is provided in Rules with certain conditions. This Tribunal in the case of M/s. PM Products vs. CCE Ahmedabad 2023 (9) TMI 1370 - CESTAT AHMEDABAD has held that the appellant is eligible for abatement and under no circumstance full duty can be demanded for the period when the machines were not in operation. Conclusion - The essence of the Pan Masala Packing Machines (Capacity Determination and Collection of Duty) Rules 2008 is that the manufacturer has to pay duty for the operational days of the machines and since the appellant has deposited the proportionate amount of duty for working days of the machines the Central Excise duty cannot be demanded for the period when the machines remained non-operational. Appeal allowed.

Summary

ISSUES PRESENTED and CONSIDERED

The core legal issues considered in this judgment are:

1. Whether the appellant is entitled to abatement of Central Excise duty for the periods when the manufacturing machines were non-operational under the Pan Masala Packing Machines (Capacity Determination and Collection of Duty) Rules, 2008.

2. Whether the appellant is required to pay the full monthly duty and subsequently claim a refund for the non-operational period, or if they can pay duty on a proportionate basis for the operational days only.

ISSUE-WISE DETAILED ANALYSIS

1. Entitlement to Abatement of Duty

- Relevant Legal Framework and Precedents: The appellant relied on Section 3A (2) (b) (ii) of the Central Excise Act, 1944, and Rule 10 of the Pan Masala Packing Machines (Capacity Determination and Collection of Duty) Rules, 2008. The appellant also referenced decisions from various High Courts and Tribunals, including the Gujarat High Court's ruling in CCE vs. Thakkar Tobacco Products Pvt. Limited, which supports the entitlement to abatement when machines are non-operational.

- Court's Interpretation and Reasoning: The Tribunal examined the provisions under Rule 10, which allows for abatement of duty on a proportionate basis if the factory does not produce goods for a continuous period of fifteen days or more. The Tribunal noted that the appellant followed the procedure of notifying the authorities about the sealing and de-sealing of machines.

- Key Evidence and Findings: The appellant provided evidence of compliance with Rule 10, including timely notifications to the authorities and physical sealing of machines. The Tribunal found no evidence of procedural non-compliance by the appellant.

- Application of Law to Facts: The Tribunal applied Rule 10 and relevant case law to the facts, determining that the appellant's actions were consistent with legal requirements for claiming abatement.

- Treatment of Competing Arguments: The Revenue's argument that the appellant should pay full duty and then claim a refund was rejected. The Tribunal emphasized that Rule 10 does not mandate such a procedure and that abatement can be claimed directly.

- Conclusions: The Tribunal concluded that the appellant is entitled to abatement for the non-operational period, and the demand for full monthly duty is unsustainable.

2. Payment of Duty on Proportionate Basis

- Relevant Legal Framework and Precedents: The Tribunal considered Rule 10 of the Pan Masala Packing Machines Rules and the interpretation provided by the Gujarat High Court in CCE vs. Thakkar Tobacco Products Pvt. Limited.

- Court's Interpretation and Reasoning: The Tribunal interpreted Rule 10 to allow for the payment of duty on a proportionate basis for operational days. The Tribunal referenced the Gujarat High Court's interpretation that abatement is a reduction in duty, not a refund.

- Key Evidence and Findings: The appellant demonstrated compliance with the procedural requirements for claiming abatement, including advance notification and sealing of machines.

- Application of Law to Facts: The Tribunal applied the legal framework to the appellant's actions, finding that the appellant correctly paid duty only for operational days.

- Treatment of Competing Arguments: The Tribunal dismissed the Revenue's argument that full duty must be paid first, as this is not supported by Rule 10 or relevant case law.

- Conclusions: The Tribunal concluded that the appellant's method of paying duty on a proportionate basis is legally valid and that the demand for full duty is unwarranted.

SIGNIFICANT HOLDINGS

- Verbatim Quotes of Crucial Legal Reasoning: "The essence of the Pan Masala Packing Machines (Capacity Determination and Collection of Duty) Rules, 2008 is that the manufacturer has to pay duty for the operational days of the machines, and since the appellant has deposited the proportionate amount of duty for working days of the machines, we find that Central Excise duty cannot be demanded for the period when the machines remained non-operational."

- Core Principles Established: The judgment establishes that under the Pan Masala Packing Machines Rules, abatement is a reduction in duty for non-operational periods, not a refund, and manufacturers are entitled to pay duty on a proportionate basis for operational days.

- Final Determinations on Each Issue: The Tribunal set aside the impugned order and allowed the appeal, affirming the appellant's entitlement to abatement and validating the payment of duty on a proportionate basis.