2010 (6) TMI 712 - AT - Central Excise

Tribunal rules in favor of appellant due to ultra vires nature of duty payment rules

The Tribunal ruled in favor of the appellant, finding that the demand for unpaid duty was not sustainable due to the ultra vires nature of the rules ... - Issues involved: The issues involved in the judgment are the payment of Central Excise duty under Compounded Levy Scheme, short payment of duty for additional chambers, confirmation of demand for differential duty with penalty, and the validity of the rules governing duty payment.Payment of Central Excise Duty under Compounded Levy Scheme: The appellants were operating under the Compounded Levy Scheme as per Section 3A of the Central Excise Act, 1944, paying duty at a specified rate per chamber per month under the Hot Air Stenter Independent Textile Processors Annual Capacity Determination Rules, 1998.Short Payment of Duty for Additional Chambers: The appellant obtained permission to erect an additional chamber and commenced work as per the granted permission. However, discrepancies were found in the payment of Central Excise duty for the additional chambers, leading to a shortfall in duty payment for the relevant months.Confirmation of Demand and Penalty: The lower authorities confirmed the demand for the differential duty amount along with interest and imposed an equal amount of penalty on the appellants for the short payment of duty.Validity of Rules and Decision: The appellant argued that the demand was not sustainable due to the ultra vires nature of Rule 3 of the Hot Air Stenter Independent Textile Processors Annual Capacity Determination Rules, 1998. They cited various legal precedents supporting their claim and contended that the demand was based on a procedural violation and should not be upheld.Judgment: The Tribunal considered the submissions and noted that there was no evidence to suggest that the additional chambers were used without proper authorization. The officers had visited the premises during the erection process, and the appellant had duly informed them of the work commencement and completion. As the rules governing duty payment were deemed ultra vires, the demand for the unpaid duty was not sustainable. The Tribunal ruled in favor of the appellant, allowing the appeal and providing consequential relief.