2004 (4) TMI 350 - AT - Central Excise

Summary

Issues:
1. Interpretation of Notification No. 4/97 and Notification No. 16/97 under the Central Excise Tariff Act.
2. Eligibility of the appellant for benefit under the notifications.
3. The option to avail exemption under different notifications in the same financial year.

Analysis:
1. The appeal involved a dispute regarding the eligibility of M/s. Kapardi Straw Boards for the benefit of Notification No. 4/97 and Notification No. 16/97 under the Central Excise Tariff Act. The Assistant Commissioner directed the appellant to pay duty at the tariff rate without any exemption after crossing a certain value of clearances, citing the exclusion clause in Notification No. 4/97. The Commissioner (Appeals) upheld this decision, stating that the appellant cannot claim the benefit of both notifications simultaneously.

2. The appellant argued that they should be allowed to avail of both notifications as they had initially opted for Notification No. 16/97 by filing a declaration under Rule 173B. They relied on previous tribunal decisions to support their claim that if the eligibility criteria are met, the benefit of exemption should be extended. However, the Revenue contended that once the appellant had exercised the option under Notification No. 16/97 in a financial year, they could not switch to another notification in the same year. The Commissioner (Appeals) agreed with the Revenue's interpretation.

3. The Tribunal, after considering the submissions from both parties, concluded that the appellant was not entitled to the benefit of Notification No. 4/97 once they had opted for Notification No. 16/97 at the beginning of the financial year. However, the Tribunal clarified that after availing the exemption under Notification No. 16/97, the appellant could still move to another notification if they crossed a certain clearance value, as long as they fulfilled the conditions of the new notification. The Tribunal disposed of the appeal accordingly, allowing the appellant the flexibility to switch notifications after meeting the specified criteria.