2005 (12) TMI 113 - HC - Central Excise

Court upholds Rule 5 validity under Central Excise Act, rejects challenge on Article 14 grounds.

BHUWALKA STEEL INDUSTRIES LTD. Versus UNION OF INDIA

The court dismissed the petitions challenging Rule 5 of the 'Hot Re-rolling Steel Mills Annual Capacity Determination Rules, 1997,' holding that it was ... Production capacity based duty - Vires of - Res judicata - Estoppel - Taxation - Validity of - Judicial review Issues Involved:1. Legality of Rule 5 of the 'Hot Re-rolling Steel Mills Annual Capacity Determination Rules, 1997' under Section 3A of the Central Excise Act, 1944.2. Whether Rule 5 is ultra vires Section 3A of the Central Excise Act.3. Whether Rule 5 violates Article 14 of the Constitution of India due to discriminatory treatment.Issue-wise Detailed Analysis:1. Legality of Rule 5 of the 'Hot Re-rolling Steel Mills Annual Capacity Determination Rules, 1997' under Section 3A of the Central Excise Act, 1944:The petitioners, who are manufacturers of steel and steel products, challenged Rule 5 of the Determination Rules, which was introduced by Notification No. 45 of 1997. Rule 5 provided that if the annual capacity determined by the formula in Rule 3 was less than the actual production of the mill during the financial year 1996-97, then the annual capacity would be deemed to be equal to the actual production of the mill during that year. The petitioners argued that Rule 5 was beyond the scope of Section 3A of the Act and created an invidious classification, leading to discrimination.2. Whether Rule 5 is ultra vires Section 3A of the Central Excise Act:The court examined whether Rule 5 exceeded the scope of Section 3A. Section 3A was introduced to address the issue of excise duty evasion by certain industries, including the steel industry, by determining duty based on the annual production capacity rather than actual production. The court noted that Section 3A allowed the Central Government to determine the annual capacity of production through rules. The court found that Rule 5 did not go beyond the scope of Section 3A as it aimed to prevent revenue loss by ensuring that the production capacity was not artificially reduced. The court held that Rule 5 was not ultra vires Section 3A of the Act.3. Whether Rule 5 violates Article 14 of the Constitution of India due to discriminatory treatment:The petitioners argued that Rule 5 created a discriminatory classification by treating manufacturers differently based on their production levels in 1996-97. They contended that this led to higher duty liability for efficient and honest tax payers, while those who evaded taxes in the past benefited from lower duty liability. The court acknowledged that taxation statutes are not immune from the test of Article 14 and that the state must ensure equal treatment. However, the court found that the classification under Rule 5 was based on an intelligible criterion and had a rational nexus to the objective of preventing revenue loss. The court noted that the provision aimed to address the issue of excise duty evasion and was not intended to penalize honest taxpayers. Therefore, the court held that Rule 5 did not violate Article 14 of the Constitution.Conclusion:The court dismissed the petitions, holding that Rule 5 of the Determination Rules was not ultra vires Section 3A of the Central Excise Act and did not violate Article 14 of the Constitution. The court found that Rule 5 was within the scope of the delegated authority and had a rational basis for its classification, aiming to prevent revenue loss due to excise duty evasion. The court also noted that the petitioners' grievances were more related to market conditions and their own choices rather than the legality of Rule 5 itself.