1995 (4) TMI 182 - AT - Central Excise

Summary

Issues:
1. Whether the Tribunal correctly restricted the duty demand to lots manufactured on the date of sample drawal and stock available on that day?
2. Whether the period of demand was correctly restricted despite accepted variation in yarn count?

Analysis:
1. The main issue in this case revolved around the duty demand based on sample results. The Tribunal held the respondent liable for the differential duty on lots manufactured on the date of sample drawal and the stock available that day. The Revenue contended that duty should be demanded from the date of sample drawal till the subsequent sample, unless machinery was attended to, citing a Madras High Court decision. The Tribunal referred this question to the High Court under Section 35G(1) of the Central Excises & Salt Act, 1944.

2. The second issue arose regarding the period of demand despite a variation in yarn count. The Division Bench of the Madras High Court's decision in a similar case was cited, supporting the duty demand based on sample results. The respondent's advocate agreed to this application of law to the case, acknowledging the relevance of the High Court's decision. The Tribunal referred this question to the High Court as well under Section 35G(1) of the Act.

3. Another aspect of the case involved a cross-reference filed by the cross-objectioner, questioning duty demand for goods already in stock before the sample drawal. The cross-objectioner argued that the sample represented goods in the finishing room, not the bonded store room, and should apply only to the production of that day. The Tribunal acknowledged the relevance of the High Court's decision in this context, referring a mixed question of law and facts to the High Court under Section 35G(1) of the Act.

In conclusion, the judgment addressed the duty demand based on sample results, the period of demand, and the application of sample results to goods in stock. The Tribunal referred relevant questions of law to the High Court for further clarification and interpretation.