1998 (7) TMI 216 - AT - Central Excise

Summary

Issues: Determination of furnace capacity for levy and collection of duty.

Analysis:
The judgment revolves around the determination of the capacity of a furnace for the purpose of levy and collection of duty under Section 3A of the Central Excise Act, 1944. The main issue raised by the appellants was that the capacity of the furnace and duty payable were determined without considering actual production figures and without granting them an opportunity to represent their case, as required by sub-section (4) of Section 3A. The appellants argued that the Commissioner of Central Excise had not taken into account the actual production capacity and production figures during the relevant period before determining the duty liability.

On the other hand, the Respondent contended that while in some cases sufficient opportunity was given and the capacity was determined based on figures furnished by the assessees, in other cases, representations regarding actual production figures were pending, making those appeals infructuous. The Respondent highlighted instances where representations were made by the assessees for the determination of capacity and duty payable, but no action had been taken by the Commissioner in this regard.

After considering the submissions from both sides, the Tribunal concluded that further opportunities needed to be provided to the assessees in all cases. The Tribunal emphasized that sub-section (4) of Section 3A mandates that actual production for the relevant period must be considered in determining duty liability, and assessees must be granted an opportunity to be heard before finalizing the capacity and duty payable. Therefore, the Tribunal remanded all the matters to the concerned jurisdictional Commissioner to ensure compliance with the provisions of the Act.

In summary, the judgment underscores the importance of considering actual production figures, providing opportunities for representations, and ensuring compliance with the statutory requirements when determining the capacity of a furnace for levy and collection of duty under the Central Excise Act, 1944.