2004 (7) TMI 554 - AT - Central Excise

Summary

Issues:
1. Interpretation of Notification No. 1/93 regarding concessional rate of duty eligibility.
2. Inclusion of clearances for computing aggregate value under Notification No. 1/93.
3. Applicability of benefit of Notification No. 1/93 from specific dates.

Analysis:
1. The appeal dealt with the interpretation of Notification No. 1/93 concerning the eligibility for concessional rate of duty. The Commissioner (Appeals) had allowed the appeal of the assessee, setting aside the order of the lower authority. The revenue appealed against this decision, arguing that the goods in question were covered by Rule 56A, making them ineligible for the concessional rate of duty under the notification.

2. The main contention of the Revenue was that all clearances on or after the first date of April in any financial year should be included in calculating the aggregate value of goods cleared for home consumption, as per Para 1 of Notification No. 1/93. The Revenue relied on a previous Tribunal decision to support this argument, emphasizing that clearances of duty-paid goods should not be ignored when determining first clearances under SSI Exemption.

3. Upon careful consideration of the submissions and arguments, the Tribunal observed that the Commissioner's contention that clearances of duty-paid goods should only be considered from a later date was not valid. The Tribunal clarified that in this case, the clearances should be taken into account for computation of value under Notification No. 1/93 from a specific date mentioned in the notification, which was 25-4-1994. The Tribunal highlighted that the benefit of the notification was extended to goods manufactured by the assessee from the mentioned date, and the term "first clearances" should relate to goods eligible for the notification's benefit from that specific date.

In conclusion, the Tribunal allowed the Revenue's appeal, setting aside the order of the Commissioner (Appeals) and emphasizing the importance of considering clearances from the correct date as specified in the relevant notification for determining eligibility for concessional rates of duty.