1998 (7) TMI 175 - AT - Central Excise

Summary

Issues:
1. Interpretation of Rule 49A for duty on cotton yarn and fabrics.
2. Applicability of duty rates on cotton yarn removed for weaving.
3. Conflict between Rule 49A and Rule 9A in determining duty rates.

Analysis:
1. The case involved a dispute regarding the application of Rule 49A for discharging duty on cotton yarn and fabrics. The respondents, manufacturers of cotton yarn and fabrics, used Rule 49A to pay duty on cotton yarn along with cotton fabrics when removed from the factory. The issue arose when duty rates on cotton yarn were reduced in the 1988 budget, and yarn was transferred for weaving before the rate change. The Revenue argued that the yarn should bear the higher rate applicable on the date of transfer, not the lower rate in force when the fabric was removed. The lower appellate authority ruled in favor of the respondents, leading to the Revenue's appeal.

2. The Revenue contended that Rule 49A only defers the duty on cotton yarn until duty payment on fabrics, maintaining the original duty levy stage. They argued that Rule 9A, specifying the relevant date for duty rate determination, should still apply despite Rule 49A. The Tribunal analyzed the arguments and the lower authority's decision, which cited a Supreme Court judgment supporting the respondents' position. The Tribunal acknowledged the Revenue's argument that Rule 49A postpones the levy on yarn until fabric duty payment, as evidenced by interest charges under the rule. They concluded that Rule 9A remains relevant for determining the duty rate date, overturning the lower authority's decision and ruling in favor of the Revenue.

3. The Tribunal emphasized that Rule 49A's purpose is to synchronize duty collection on yarn with fabric duty payment, not alter the duty levy stage. They highlighted the significance of Rule 9A in determining the duty rate date, which applies even when Rule 49A is utilized. By setting aside the lower authority's decision, the Tribunal clarified that Rule 9A's provisions for duty rate determination remain valid, ensuring the appropriate duty collection timing and rates. Consequently, the appeal of the Revenue was allowed based on the correct interpretation of the interplay between Rule 49A and Rule 9A in determining duty rates for cotton yarn and fabrics.