1986 (11) TMI 283 - AT - Central Excise

Summary

Issues:
Appeal against order-in-appeal of the Collector (Appeals), Calcutta, concerning show cause notices dated 9-9-1981, 20-12-1982, and 31-12-1982.

Analysis:
The appeal involved an order-in-appeal of the Collector (Appeals), Calcutta, based on show cause notices dated 9-9-1981, 20-12-1982, and 31-12-1982. The Collector (Appeals) set aside the order related to the show cause notice dated 31-12-1982 as time-barred, leaving the focus on the remaining two show cause notices. The appellant argued that the Assistant Collector's order did not consider an important corrigendum dated 31-12-1982 amending the show cause notice dated 9-9-1981, which essentially discharged the demand raised in the original notice. The appellant contended that the amended notice demanded duty for a different period, making it time-barred. The Assistant Collector's failure to address this amendment led to an incorrect confirmation of the demand, requiring a refund of the amount paid.

The appellant further challenged the order related to the show cause notice dated 20-12-1982, highlighting that the demand was for hessian/sacking bags, not fabrics as presumed by the Assistant Collector. The appellant argued that the liability for cess on fabrics had been deemed discharged, making the confirmation of the demand erroneous. Additionally, both the Assistant Collector and the Collector (Appeals) extended their orders beyond the scope of the show cause notices, with the Collector (Appeals) incorrectly addressing the levy of cess on jute yarn, a matter not raised in the notices or the Assistant Collector's order.

In the judgment, the Tribunal agreed with the appellant's contentions. It found that the demand from the notice dated 9-9-1981 had been deemed paid through the corrigendum dated 31-12-1982, rendering the Assistant Collector's confirmation incorrect. The Tribunal also noted the failure to address the corrigendum as a crucial oversight. Regarding the notice dated 20-12-1982, the Tribunal acknowledged the error in the Assistant Collector's order and deemed it rectifiable. The Tribunal set aside the order of the Collector (Appeals), annulled the demand from the notice dated 9-9-1981, and remanded the matter to the Assistant Collector for reconsideration of the demand from the notice dated 20-12-1982.