2005 (2) TMI 574 - AT - Central Excise

Summary

Issues:
1. Interpretation of Notification No. 68/86 regarding exemption of duty for Under Water Electric Storage Batteries.
2. Application of Notification No. 70/77 for exemption of excisable goods supplied as stores for consumption on board vessel of the Indian Navy.
3. Eligibility of cells for Under Water Batteries as ship stores for consumption on board a vessel of the Indian Navy.

Analysis:
1. The respondents were manufacturing Under Water Electric Storage Batteries under Chapter sub-heading 8507.00 and clearing them at Nil rate of duty under Notification No. 68/86. However, it was discovered that they were actually clearing cells for sub-marine Batteries, not exempted under the notification. Show cause notices were issued for recovery of duty for the period from 1-12-1988 to 28-2-1995. The Commissioner extended the benefit of Notification No. 70/77, exempting excisable goods supplied as stores for consumption on board vessel of the Indian Navy, leading to the Revenue's appeal.

2. The appeal challenged the order claiming that cells for Under Water Batteries were not stored or consumed on board vessels and thus not covered by the exemption. The term "consumption" was interpreted as use, and it was established that the cells were dispatched to the Indian Navy for manufacturing batteries for submarine vessels. The issue revolved around whether Test Cells should be exempted from duty, with the Revenue arguing for confirmation of duty demand. However, based on the Ministry of Defence's letter and the usage pattern of cells on board submarines, it was concluded that Test Cells were indeed supplied as ship stores for consumption on board a vessel of the Indian Navy.

3. The Tribunal found no reason to interfere with the impugned order, upholding the extension of the benefit of Notification No. 70/77 to the Test Cells. The appeals by the Revenue were rejected, affirming the eligibility of cells for Under Water Batteries as ship stores for consumption on board a vessel of the Indian Navy, in line with the Customs Act and relevant notifications.