2005 (1) TMI 486 - AT - Central Excise

Summary

Issues:
Applicability of Notification 6/2002 Serial No. 86 condition No. 40 to paper manufacturers.

Analysis:
The appellants, paper manufacturing companies, claimed the benefit of Notification 6/2002 Serial No. 86 condition No. 40 under the Central Excise Act. The benefit was denied as they had paid duty on certain paper cleared during the quota period of 3500 MT granted duty-free. The issue revolved around whether the quota of 3500 MT, minus the quantity cleared first on duty payment, would still be available to the appellants. The appellants relied on various legal precedents, including the decision of the Larger Bench of the Tribunal and specific explanations under the Notification. They argued that even if they had cleared quantities on duty payment, the duty-free quota under Notification 6/2002 should still be applicable. The Joint Commissioner reiterated the Commissioner's findings without presenting any contrary decision.

Upon examining the notification provisions, especially the explanation provided, and the legal precedents cited by the appellants, the Tribunal found no justification to deny the benefit of Notification 6/2002 to the quantities of paper and paperboards within the overall limit of 3500 MT, even after reducing the quantities cleared first in a financial year on duty payment. The Tribunal disagreed with the Commissioner's findings and concluded that since no duty demands were being confirmed, there was no basis for imposing penalties. Consequently, the Tribunal set aside the impugned orders and allowed the appeals filed by the appellants.