2001 (8) TMI 532 - AT - Central Excise

Summary

Issues:
- Challenge to duty demand and penalty imposed under Rule 173Q of the Central Excise Rules based on an impugned order-in-original dated 14-12-2000.
- Interpretation of Notification No. 2/99 dated 13-1-1999 regarding the withdrawal of the compounded levy scheme.
- Dispute over the effective date of the amendment of the notification and its applicability to the appellants' case.
- Application of Rule 96ZQ of the Central Excise Rules and the legal precedent set by the Apex Court in Excise Superintendent Warangal & Ors. v. Deluxe Bar & Ors.

Analysis:

The appellants challenged the duty demand and penalty imposed under Rule 173Q of the Central Excise Rules through an appeal against the impugned order-in-original dated 14-12-2000. The dispute arose from the withdrawal of the compounded levy scheme for the appellants via Notification No. 2/99 dated 13-1-1999, as they were found to have another knitting unit. The appellants were asked to pay duty of Rs. 45,17,034/- for the period 13-1-1999 to 31-1-1999, as they had disposed of their unit on 1-2-1999 and could not benefit from the compounded levy scheme before that date.

The appellants contested their duty liability, arguing that the amended Notification No. 2/99 was effective only from February 1999 for them, as they had already paid the duty for the disputed period by 5-1-1999. However, the Commissioner did not agree with this interpretation, leading to the impugned order.

The legal counsel for the appellants relied on Rule 96ZQ of the Central Excise Rules and cited the decision of the Apex Court in Excise Superintendent Warangal & Ors. v. Deluxe Bar & Ors. The counsel argued that the effective date of the notification should be 1-2-1999, not 13-1-1999, as the duty liability for January 1999 had already been discharged by the appellants by the 5th of January.

After hearing both sides and considering the facts, the Tribunal found that prior to the amended Notification No. 2/99, the appellants were indeed under the compounded levy scheme and had paid the duty for January 1999 by the required date. Citing the legal precedent set by the Apex Court, the Tribunal emphasized strict construction of fiscal laws and the crystallization of rights under such laws.

Consequently, the Tribunal set aside the impugned order of the Commissioner and remanded the matter for fresh decision. The Commissioner was directed to reconsider the case in light of the Apex Court's observations and the legal principles established in the referenced case, ensuring a fair hearing for both parties. The appeal of the appellants was allowed by way of remand.