COLLECTOR OF CENTRAL EXCISE Vs. WIMCO LIMITED

JUDGEMENT

(1.) THIS appeal has been filed by the Collector of Central Excise, Madras, against the order dated 8.9.1983 passed by the Collector of Central Excise (Appeals), Madras, by which he had admitted the appeal of the respondents holding that they were to pay only the price of Rs. 6.60 at which they had purchased excise stamps for matches in terms of Rule 66 of Central Excise Rules, 1944.

(2.) The respondents manufacture matches in the mechanised sector. The Central Excise duty on matches is paid by purchasing excise stamps of appropriate value which are affixed to the match boxes. On 29.9.1982 a show cause notice was issued to the respondents as to why duty at the tariff rate should not be demanded from them under Rule 66 of the Central Excise Rules, 1944 on the quantity of excise stamps found missing/unaccounted. On considering their reply, the Assistant Collector issued an order dated 22.2.1983 that the rate of duty applicable in cases where Central Excise stamps are missing, or are not satisfactorily accounted for is the highest rate applicable to that category (colour) of stamps, i.e. in the case of respondents Rs. 7.20 per gross matches as per Notification No. 40/81, dated 1.3.1981. The appeal against the order was allowed by the Collector (Appeals) by the impugned order, who held that the term full price', which Is to be paid on missing/unaccounted Central Excise stamps, occurring in Rule 66 of Central Excise Rules is the full price paid for purchasing the stamps which are found missing. The present appeal is against this order.

(3.) SHRI Achuthan, the learned counsel appearing for the respondents, would urge that though they admit their liability to pay the price of the lost excise stamps, the rate applicable is only Rs. 6.60 as It was at that rate they had purchased the stamps. According to the learned counsel the interpretation of 'full price' occurring in Rule 66 of Central Excise Rules given by the Collector (Appeals) in the impugned order is correct In law and needs no modification.