2000 (2) TMI 619 - AT - Central Excise

Summary

Issues:
1. Interpretation of Section 3A of the Central Excise Act, 1944 and Notification No. 36/98-C.E., dt. 10-12-98 regarding the Scheme of payment of Excise Duty on the capacity of production of Textile Fabrics by independent processors.
2. Dispute over the determination of production capacity based on the number of chambers and inclusion of galleries and float dryers in the calculation.
3. Violation of principles of natural justice in the re-determination process without involving the assessees.
4. Consideration of Trade Notice and Ministry's circular in determining whether galleries and float drying machines should be considered chambers of stenters.
5. Lack of consultation with technical experts in determining the contribution of galleries and float drying machines to the production process.
6. Evaluation of whether rollers/cylindrical dryers should be considered as 'any other equipment' under the Explanation.
7. Comparison with a previous Tribunal judgment regarding denial of natural justice and remanding the proceedings back to the adjudicating Commissioner.

Analysis:
1. The judgment concerns the interpretation of Section 3A of the Central Excise Act, 1944 and Notification No. 36/98-C.E., dt. 10-12-98 regarding the payment of Excise Duty on the production capacity of Textile Fabrics by independent processors. The capacity is determined following the Hot-Air Stenters Independent Textile Processors Annual Capacity Determination Rules, 1998.

2. The dispute revolves around the re-determination of production capacity based on the number of chambers, with the inclusion of galleries and float dryers in the calculation. The appellants contested the higher assessment due to the increase in the total number of chambers, particularly the inclusion of galleries and float dryers.

3. The issue of violating natural justice arises as the assessees were not involved in the verification process, and the Commissioner did not consider their views before re-determination. The principles of natural justice require giving the assessees an opportunity to present their case before imposing a greater burden on them.

4. The consideration of a Trade Notice and Ministry's circular is crucial in determining whether galleries and float drying machines should be deemed as chambers of stenters. The Trade Notice clarifies the inclusion of galleries and float drying machines in the production capacity calculation.

5. Lack of consultation with technical experts regarding the contribution of galleries and float drying machines to the production process is highlighted. The judgment emphasizes the importance of consulting technical authorities to determine the exact nature of the job performed by galleries.

6. The evaluation of whether rollers/cylindrical dryers should be considered 'any other equipment' under the Explanation is another key aspect. The argument is made that rollers do not facilitate the same process as float drying machines or stenters, requiring a detailed examination.

7. The comparison with a previous Tribunal judgment regarding denial of natural justice and remanding the proceedings back to the adjudicating Commissioner sets a precedent for addressing similar issues. The judgment directs the respective Commissioners to consult technical experts and allow the assessees to present technical opinions before determining the annual capacity.