1999 (9) TMI 896 - AT - Central Excise

Summary

Issues:
Interpretation of Notification No. 24/91 for concessional exemption of duty based on the certificate signed by an officer lower than the Director of Industries.

Analysis:
The appeal centered on whether a certificate on the installed production capacity of a cement manufacturing unit, signed by an officer below the rank of the Director of Industries, suffices to meet the requirements of Notification No. 24/91 for claiming concessional exemption of duty. The appellant contended that the certificate, initially signed by the Joint Director in the Director's absence and later countersigned by the Director, should be valid. The Tribunal had previously remanded the case for verification regarding the delegation of signing authority by the Director to the Joint Director, which the Revenue failed to investigate. The appellants proactively obtained a fresh certificate signed by the Director, confirming compliance with the Notification's conditions. Citing precedents like Shyam Oil Cake (P) Ltd. and Lyphin Chemicals cases, the appellant argued that delayed submission of the certificate should not bar entitlement to the Notification's benefits.

The Department maintained that significant delays occurred in producing the required certificate during the re-examination of the case. However, the appellant eventually provided the original certificate signed by the Director for the same period as the initial one. Upon reviewing the submissions and records, the Tribunal found that the appellants had fulfilled the Notification's criteria. The fresh certificate signed by the Director, replacing the earlier one, confirmed compliance with the exemption conditions. Drawing parallels with the Shyam Oil Cake (P) Ltd. and Lyphin Chemicals cases, the Tribunal concluded that the subsequent issuance of a certificate should not negate the substantive exemption under the Notification. The Tribunal clarified that the reference to the Director of Industries in the Notification encompassed the Office of the Director, thus validating the certificates signed by the Joint Director.

Consequently, the Tribunal overturned the impugned order, allowing the appeal and granting any consequential relief as per the law. By applying the principles established in the cited precedents, the Tribunal affirmed the appellants' eligibility for the concessional exemption under Notification No. 24/91.