2001 (8) TMI 570 - AT - Central Excise

Summary

Issues:
1. Quantification of annual capacity of production of the appellant's unit under Induction Furnace Annual Capacity Determination Rules, 1997.
2. Interpretation of manufacturer's invoice and certificate regarding the capacity of the furnace.
3. Consideration of technical data versus manufacturer's certificate in determining the practical capacity of the furnace.
4. Adequacy of the Commissioner's decision-making process and the need for clarification from the manufacturer.
5. Discrepancy in the appellant's declarations regarding the furnace's capacity.

Issue 1: Quantification of Annual Capacity
The dispute revolves around determining the annual capacity of production of the appellant's unit as per the Induction Furnace Annual Capacity Determination Rules, 1997. The Commissioner's order fixed the capacity at 6982.4 M.T. based on the furnace type mentioned in the manufacturer's invoice as ITM 3/1250, indicating a capacity of 2.182 MT. The Adjudicating Authority emphasized the manufacturer's invoice as the basis for capacity determination, disregarding other evidence suggesting a lower capacity range of 1.6 MT to 1.8 MT.

Issue 2: Interpretation of Manufacturer's Invoice and Certificate
The appellants argue that the invoice only mentions the furnace type without specifying the capacity. They obtained a certificate from the manufacturer certifying the furnace's capacity as 1.6 MT to 1.8 MT, challenging the Commissioner's reliance on the technical literature to determine the capacity at 2.182 MT. The appellants assert that the manufacturer's certificate should be the decisive document under Rule 3 of the relevant rules.

Issue 3: Technical Data vs. Manufacturer's Certificate
The appellants highlight that the technical data reflects the maximum achievable capacity under ideal conditions, not the practical capacity. They stress that the discrepancy between the certificate and technical data should be clarified by the manufacturer before final capacity determination, suggesting a remand to seek manufacturer clarification.

Issue 4: Decision-Making Process and Manufacturer Clarification
The Tribunal notes the Commissioner's correct adherence to Rule 3 in using the manufacturer's invoice for capacity determination. However, the Tribunal deems it essential for the manufacturer to explain the capacity discrepancy between the certificate and technical data before a final decision. The Tribunal suggests remanding the matter for a fresh decision considering the manufacturer's clarification.

Issue 5: Discrepancy in Appellant's Declarations
A discrepancy arises between the appellant's declarations regarding the furnace's capacity, with differing values mentioned in different documents. The Tribunal observes this inconsistency and decides to remand the matter for clarification and coherence in the appellant's submissions.

In conclusion, the appeal is allowed for remand to address the discrepancies in capacity determination, emphasizing the manufacturer's clarification and coherence in the appellant's submissions for a fair decision-making process.