2002 (7) TMI 640 - AT - Central Excise

Summary

Issues:
- Interpretation of Notification No. 205/88-C.E., dated 25-5-88 regarding benefit availability for insulated wires and cables.

Analysis:
The appeal before the Appellate Tribunal CEGAT, New Delhi revolves around the interpretation of Notification No. 205/88-C.E., dated 25-5-88, specifically concerning the eligibility of the appellant for the benefits under this notification in relation to insulated wires and cables. The primary contention raised by the Revenue, represented by Shri M.P. Singh, is that the Commissioner (Appeals) erred in not recognizing that communication cables cannot be considered integral parts of windmills based on the classification principles outlined in Section Note 2 of Section XVI and Chapter Notes of 85. It was argued that the exemption under the notification is limited to windmills and specially designed devices for windmills, excluding general-purpose devices. The Revenue emphasized that since wires and cables are not specific to windmills, they do not qualify for the exemption. Furthermore, the Revenue highlighted that the Commissioner (Appeals) did not dispute the classification of the subject cables under Chapter Heading 85.44, reinforcing the argument against their eligibility for the exemption.

On the other hand, Shri V.K. Gupta, representing the respondent, a small-scale manufacturer of wires and cables falling under Chapter Heading 85.44, contended that the respondent had met the requirements for claiming the exemption under Notification No. 205/88. The respondent provided evidence, including a certificate from a Windmill manufacturer identifying the cables as specially devised parts for windmills, purchase orders specifying the cables for windmills, and an end-use certificate confirming their use in windmills. This evidence was presented to establish that the cables were indeed designed for windmills and thus qualified for the exemption.

After considering the arguments presented by both parties, the Tribunal referred to a previous decision in CCE, Delhi v. Skytone Electricals and ruled in favor of the Revenue, allowing their appeal and rejecting the respondent's objections. The decision was based on the interpretation of the notification and the classification of the cables under Chapter Heading 85.44, ultimately concluding that the exemption under the notification was not applicable to the wires and cables in question.