2005 (3) TMI 535 - AT - Central Excise

Summary

Issues:
Claim of exemption under Notification No. 8/99, dated 28-2-1999 and Notification 5/99 with effect from 1-5-1999.

Analysis:
The appellants, a registered SSI unit, claimed exemption under Notification No. 8/99 and filed classifications List No. 3 for exemption under Notification 5/99 due to incorrect advice. The lower authorities informed the assessee to pay full duty instead of exempted claim under Notification No. 5/99. However, the condition para of Notification 8/99 was omitted from 31-3-1999 by amending Notification 16/CE, dated 31-3-1999. The Tribunal found no reason to deny the benefit of Notification 8/99 and subsequently Notification 5/99 to the manufacturer of paper based on legal precedents cited by the advocate for the appellants, including decisions in the cases of Ambica Cement Ltd. and Mamta Cement Company.

In light of the deletion/amendment of para 2(I) of Notification 8/99, the Tribunal held that the interpretation by the lower authorities to deny the exemption to the manufacturer was not justified. No contrary decision to the Tribunal's precedents cited by the advocate was presented. Therefore, the appeals were allowed, and the view and findings of the lower authority were set aside. The consequent duty and other demands were quashed.

The appellate tribunal, comprising S/Shri S.S. Sekhon and T. Anjaneyulu, JJ., ordered accordingly, allowing the appeals and setting aside the lower authority's decision to deny the exemption under Notification 8/99 and Notification 5/99 to the manufacturer.