TaxTMI Login
Just a moment...
Press 'Enter' to add multiple search terms. Rules for Better Search
When case Id is present, search is done only for this
of 
of 
No Folders have been created
Are you sure you want to delete "My most important" ?
NOTE:
of of 
All Case Laws
of of All Case Laws
Note
Bookmark
Share
Don't have an account? Register Here
of <h1>Tribunal Upholds Assessee in Duty Payment Dispute, Deems Rule Unconstitutional</h1> <h3>Commissioner of Central Excise, Noida Versus M/s S.N. Engineering (Unit-III)</h3> Commissioner of Central Excise, Noida Versus M/s S.N. Engineering (Unit-III) - TMI Issues:- Default in payment of duty under Rule 8 of Central Excise Rules, 2002- Constitutionality of Rule 8(3A) of Central Excise Rules, 2002- Stay granted by the Hon'ble Supreme Court on High Court decisions- Applicability of judgments from various High CourtsAnalysis:1. Default in Payment of Duty: The respondents defaulted in duty payment under Rule 8 of the Central Excise Rules, 2002, leading to proceedings and penalties imposed by the Revenue. However, the Commissioner (Appeals) ruled in favor of the assessee, prompting the Revenue to file appeals. The issue revolved around the debarment of Cenvat credit usage and the requirement to pay duty in cash due to the default.2. Constitutionality of Rule 8(3A): The crux of the matter lay in the constitutionality of Rule 8(3A) of the Central Excise Rules, 2002. The Tribunal referred to the judgment of the Hon'ble Gujarat High Court in the case of M/s Indsur Global Ltd., which declared Rule 8(3A) as unconstitutional. This decision was subsequently followed by other High Courts, including Madras, Punjab & Haryana, and Allahabad High Courts, creating a precedent.3. Stay Granted by the Supreme Court: Despite the decisions of various High Courts favoring the assessee, the Revenue challenged the Gujarat and Madras High Court decisions by filing a Special Leave Petition (SLP) before the Hon'ble Supreme Court. The Supreme Court admitted the SLP and granted a stay on the proceedings. However, the Tribunal highlighted that a stay order does not nullify the underlying reasoning of a judgment, citing the case of Shree Chamundi Mopeds Ltd. vs. Church of South India Trust Association.4. Applicability of High Court Judgments: The Tribunal extensively discussed the applicability of various High Court judgments in similar cases. It cited instances where decisions were followed despite stays granted by the Supreme Court. Notably, the Tribunal considered the stay of the Gujarat High Court decision in the case of M/s R.K. Machine Tools Ltd. vs. Commissioner of Central Excise, Ludhiana and upheld the High Court decisions in favor of the assessee.5. Conclusion: Based on the precedents set by multiple High Courts and the understanding that a stay does not negate the rationale of a judgment, the Tribunal found no fault in the Commissioner (Appeals)'s order. Consequently, the Revenue's appeal was deemed meritless and rejected, upholding the decision in favor of the assessee.
TaxTMI 
TaxTMI 
