2013 (6) TMI 558 - AT - Central Excise

Tribunal grants full waiver & stay on recovery in duty dispute due to legal requirements

The Tribunal granted the applicant a 100% waiver of pre-deposit of duty, interest, and penalty for the period in question, along with a stay on recovery ... Stay - Change of duty on Cigarettes - Finance Bill, 2012 - effect of amendment to Finance Bill while passing the bill in the lok sabha - declaration under Provisional Collection of Taxes Act, 1931 - Held that:- Following the decision in Ultratech Cement Ltd. vs. Commr. of C.Ex., Bolpur [2012 (10) TMI 6 - CESTAT, KOLKATA] as per the proposal in Finance Bill, 2012 Excise duty proposed was specific rate + 10% ad valorem (on 50% of RSP/1000 sticks) said proposed rate was made effective from 17.03.2012 under the PCTA, 1931. On 07/05/2012, the notice of amendment was moved to replace the 10% advalorem duty with increase in specific rate. Therefore, unless and until amendment moved at kept assent of the Hon'ble President of India the proposed amendment cannot become a part of Finance Act. Therefore prima facie we find that duty during the period 17.03.2012 to 07.05.2012 cannot be demanded. - Prima Facie is in favor of assessee - Decided in favor of assessee. Issues:1. Applicant seeking waiver of pre-deposit of duty along with interest and penalty for a specific period.2. Interpretation of duty rates on cigarettes before and after amendments in the Finance Act, 2012.3. Applicability of the duty rates during a transitional period and the demand for differential duty.4. Legal precedent regarding the declaration under the Provisional Collection of Taxes Act, 1931 and its impact on subsequent amendments.Analysis:1. The applicant sought a waiver of pre-deposit of duty amounting to Rs.71,87,380/- along with interest and penalty for the period from 17.03.2012 to 27.05.2012. The duty rates on cigarettes underwent changes due to the Finance Bill, 2012, with specific rates being introduced. The applicant had been paying duty at the previous rates until 27.05.2012 when the revised rates became effective. A demand was made for the differential duty for the transitional period, leading to the impugned order for duty payment.2. The Tribunal analyzed the duty rates specified in the Finance Act, 2012 for cigarettes of length 69 mm both before and after the amendments. The Finance Act prescribed fully specific rates for cigarettes, converting the ad valorem component into a specific rate. The Tribunal considered the effective dates of these changes and the applicability of the revised rates to determine the duty liability during the transitional period.3. Referring to a precedent case, the Tribunal discussed the significance of the declaration under the Provisional Collection of Taxes Act, 1931 in relation to subsequent amendments. The Tribunal noted that unless an amendment receives the assent of the President of India, it cannot become part of the Finance Act. Therefore, the duty demand for the period from 17.03.2012 to 07.05.2012 was deemed not sustainable, leading to a decision in favor of the applicant for a 100% waiver of pre-deposit and a stay on recovery during the appeal's pendency.4. The Tribunal's decision was influenced by the legal interpretation of the declaration under the Provisional Collection of Taxes Act, 1931 and its alignment with subsequent amendments in the Finance Act. The Tribunal's analysis emphasized the procedural requirements for amendments to become legally enforceable, highlighting the need for presidential assent for proposed changes to take effect. This interpretation guided the Tribunal's decision to grant a full waiver of pre-deposit and halt recovery proceedings pending the appeal.