2018 (5) TMI 110 - HC - Central Excise

Whether the omission of Section 3A of the Central Excise Act, 1944 by Section 121 of Finance Act, 2001, without any saving clause would affect the proceedings in respect of which decision has already been taken prior to the date of omission? - respondents raised preliminary objection that the amount involved is covered by the circular. Held that - the issues are answered in favour of the department but looking to the fact that the tax amount involved is covered by the circular. Therefore, we clarify that the parties in future will be covered by the decision of Supreme Court in the case of Shree Bhagwati Steel Rolling Mills v. Commr. of Central Excise 2015 (11) TMI 1172 - SUPREME COURT . Appeal disposed off.

Issues:
Challenging Tribunal's decision on appeal, interpretation of Section 3A omission under Finance Act, applicability of General Clauses Act, validity of Rules 96ZO, 96ZP, and 96ZQ of Central Excise Rules, impact of Gujarat High Court's ruling on penalty imposition, and final judgment on interest and penalty provisions.

Analysis:

1. Challenging Tribunal's Decision:
The appellant contested the Tribunal's decision through two appeals, questioning the correctness of the judgment and order. The substantial questions of law framed by the Court pertained to the application of precedents post the omission of Section 3A of the Central Excise Act, 1944 by the Finance Act, 2001. The issues revolved around the impact of this omission on proceedings and the applicability of saving clauses.

2. Interpretation of Section 3A Omission:
The Court analyzed the implications of the omission of Section 3A without a saving clause under the Finance Act, 2001. The questions raised included whether decisions taken prior to the omission date would be affected and if the saving provisions of the General Clauses Act were applicable. The Court examined the legal consequences of such omissions on related rules and provisions.

3. Applicability of General Clauses Act:
The Court delved into the definition of "enactment" under the General Clauses Act to determine the scope of repeal, deletion, and omission within statutory frameworks. The judgment emphasized that the repeal of any provision within an Act would be covered under Section 6 of the General Clauses Act, irrespective of the form of removal, be it deletion or omission.

4. Validity of Rules 96ZO, 96ZP, and 96ZQ:
The Court invalidated the interest and penalty provisions under Rules 96ZO, 96ZP, and 96ZQ of the Central Excise Rules, 1944. It highlighted that these provisions could not levy interest as Section 3A did not provide for it. The judgment clarified that the compound levy scheme's separate nature excluded general provisions, leading to the dismissal of Revenue's appeals and allowing those of the Assessees.

5. Impact of Gujarat High Court's Ruling:
The Court referenced the Gujarat High Court's ruling on penalty imposition, emphasizing the invalidity of certain rules post their omission. It clarified that omissions should be treated akin to repeals, contrary to previous interpretations, leading to the allowance of appeals against penalty imposition.

6. Final Judgment on Interest and Penalty Provisions:
The Court concluded by declaring the interest and penalty provisions under the Central Excise Rules invalid, dismissing Revenue's appeals and allowing those of the Assessees. The judgment clarified that the interest and penalty provisions were not applicable due to the omission of Section 3A, providing relief to the Assessees.

7. Clarification and Disposal of Appeals:
Ultimately, the Court answered the issues in favor of the department due to the tax amount being covered by a circular. However, it clarified that future parties would be bound by the Supreme Court's decision. Both appeals were disposed of with the mentioned clarification, providing a comprehensive resolution to the legal matters at hand.

← Previous Next →