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2015 (10) TMI 1144 - AT - Central ExciseDuty demand - Compounded levy scheme - Determination of Annual Capacity of Production - Hot air Stenter - Independent Textile Processors - Held that - Issue has been decided by this very bench in the case of Sanoo Fashion Pvt. Ltd.(2010 (6) TMI 712 - CESTAT AHMEDABAD), where the Tribunal by relying the Hon ble High Court of Madras and allowed the appeal. I find that the lower appellate authority has not considered the Hon ble High court of Madras s order and relied the Hon ble High Court of Gujarat s decision in the case of Ambuja Cements Vs. UOI. Both the lower appellate authority and the Tribunal joined by the decision of Hon ble High Court of Madras order in the case of Beauty Dyers (2001 (12) TMI 95 - HIGH COURT OF JUDICATURE AT MADRAS) and the Hon ble High Court has held that the impugned order was set aside as ultra vires. - demand of duty is not sustainable. - Decided in favour of assessee.
Issues:
1. Change of cause title application. 2. Duty demand under compound levy scheme for the period 1996-97 on 'Hot air Stenter'. 3. Rejection of appeal and imposition of penalty. 4. Interpretation of Rule 96ZQ(5)(i) and Rule 96ZQ(5)(ii) of CER, 1944. 5. Closure and seal of 'Hot air Stenter' by the department. 6. Legal precedents cited by the appellant. 7. Arguments regarding duty payment during closure period. 8. Interpretation of Rule 96ZQ(7) regarding duty payment during closure. 9. Comparison of decisions by different authorities. 10. Applicability of High Court orders on the case. 11. Tribunal's decision based on legal precedents. 12. Conclusion and setting aside of the impugned order. Analysis: 1. The judgment allowed the application for the change of cause title from one company to another. This administrative aspect was resolved at the beginning of the judgment. 2. The main issue revolved around the duty demand under the compound levy scheme for the period 1996-97 on the 'Hot air Stenter'. The lower authority confirmed the demand along with interest and imposed a penalty, which was later reduced on appeal. 3. The appellant argued that duty was demanded for a period when the 'Hot air Stenter' was closed and sealed by the department, hence duty payment should not apply. Legal precedents from the Hon'ble High Court of Madras and Tribunal decisions were cited to support this argument. 4. The Ld. AR, on the other hand, reiterated the findings of the impugned order and highlighted the requirement to pay duty if the closure period is less than one month under Rule 96ZQ(7). 5. The judgment referenced a previous case where the Tribunal had allowed an appeal based on similar grounds and by following the High Court's order. It was noted that the lower appellate authority had not considered the High Court's order, leading to the setting aside of the impugned order in the present case. 6. Ultimately, the Tribunal held that the demand of duty was not sustainable in the present case due to the rules being struck down as ultra vires and a procedural violation. The impugned order was set aside, and the appeal was allowed based on the legal precedents and interpretations presented. 7. The judgment concluded by pronouncing the order in the open court, bringing closure to the legal proceedings in this case.
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