2009 (7) TMI 91 - HC - Central Excise

Penal provision on Man Made Fabrics under Additional Duties of Excise (Goods of Special Importance) Act 1957 held that - Man Made Fabrics which are excisable goods in terms of Section 3 (2) of Additional Duties of Excise (Goods of Special Importance) Act 1957 would not attract penal provisions of confiscation and penalty. The references therefore stand answered accordingly in favour of the assessee and against the revenue

Summary

Issues:
Whether Man Made Fabrics, excisable goods under Section 3 (2) of Additional Duties of Excise (Goods of Special Importance) Act, 1957, are subject to penal provisions of confiscation and penalty as with other excisable goods.

Analysis:
The judgment by the Gujarat High Court, delivered by A.L. Dave, addressed the question of law referred by the Customs, Excise and Gold (Control) Appellate Tribunal regarding the penal provisions applicable to Man Made Fabrics. The Court noted that an amendment to the Central Excise Act in 1994 was relevant, as the transactions in question occurred before this amendment. The issue arose from penalties imposed on Man Made Fabrics considered excisable, which the Tribunal, relying on a Delhi High Court decision, deemed incorrect. The Delhi High Court's decision was subsequently upheld by the Apex Court in another case. Additionally, the Apex Court's stance on the prospective application of Section 11-AC of the Central Excise Act was highlighted. The Court ultimately ruled that Man Made Fabrics falling under Section 3 (2) of the 1957 Act would not trigger confiscation and penalty provisions. Consequently, the references were answered in favor of the assessee against the revenue.

This judgment clarifies the application of penal provisions to Man Made Fabrics under the relevant excise laws. By considering past decisions and the prospective nature of certain legal provisions, the Court provided a comprehensive analysis leading to a clear determination in favor of the assessee. The ruling ensures a consistent interpretation of the law and upholds the principle of legality in imposing penalties. The directive to place a copy of the order in each connected reference underscores the importance of disseminating and implementing the decision effectively.