- (1.) This is an appeal under S. 35-L of the central Excises and Salt Act, 1944 (hereinafter referred to as 'the Act').
(2.) The appellant is a manufacturer of various types of food products known as spaghetti, macaroni, vermicelli, etc. , falling under Heading No. 1902.10 of the central Excise Tariff Act. The appellant filed classification list effective from 1/03/1987 claiming that their pre-budget stocks of non-excisable goods, namely, various types of food products declared in the classification list as aforesaid were entitled to duty free clearance being pre-budget stocks. The Assistant Collector of central Excise, however, held that the question of clearing pre-budget stocks duty free did not arise because the products in question were excisable though exempted from the duty. There was an appeal from the said order of the Assistant Collector before the Collector of Central excise (Appeals) , Bombay. He dismissed the appeal. The appellant went up in appeal before the tribunal. It was contended before the tribunal on behalf of the appellant that the goods in question were not leviable to duty under the aforesaid head until 28/02/1987 and the said goods had been made dutiable only by the Finance Bill, 1987-88 with effect from 1/03/1987. It was submitted further that on 27/02/1987, the appellant had in their factory a stock of the said products which were fully manufactured, packed and ready for sale and the inventory of the said stock was prepared by the Superintendent of central Excise on 1/03/1987. Reliance was placed on several decisions of the different High courts, namely, decision of the Madhya pradesh High court in Kirloskar Brothers Ltd. v. Union of India, Union of India v. Kirloskar Brothers Ltd, decision of the Bombay High court in Synthetics and Chemicals Pvt. Ltd. v. S. C. Coutinho, decision of the bombay High court in New Chemi Industries (P) Ltd. v. Union of India, decision of the Madras High court in Sundaram Textiles Ltd. v. Astt. Collector of Customs and decision of the Allahabad High court in union of India v. Delhi Cloth and General Mills. On the other hand, the revenue contended that the goods forming the pre-budget stocks were very much excisable goods and that for the purpose of collecting duty, date of manufacture was not material under the scheme of the Act even though the taxable event is the manufacture. It was, therefore, contended that at the time of manufacture of the goods in question, the goods were excisable goods and in view of Rule 9-A of the Central excise Rules, 1944, though the taxable event is the manufacture and production, the payment of duty is related to and postponed to the dateof removal of articles from the manufactory. The tribunal accepted the said contention.
(3.) We are. of the opinion that the tribunal was right. It is well settled by the scheme of the Act as clarified by several decisions that even though the taxable event is the manufacture or production of an excisable article, the duty can be levied and collected at a later stage for administrative convenience. The scheme of the said Act read with the relevant rules framed under the Act particularly Rule 9-A of the said rules, reveals that the taxable event is the fact of manufacture or production of an excisable article, the payment of duty is related to the date of removal of such article from the factory. In that view of the matter, the tribunal dismissed the appeal and rejected the assessees contention.;