2005 (5) TMI 367 - AT - Central Excise

Summary

Issues:
1. Waiver of pre-deposit of duty and penalty.
2. Liability of 100% EOU for duty payment on exported goods.
3. Interpretation of Notification 15/2002 for exemption from central excise duty.
4. Requirement for compliance with conditions of exemption notification.
5. Remand of the appeal for further consideration by Commissioner (Appeals).

Analysis:

Issue 1: Waiver of pre-deposit of duty and penalty
The Tribunal decided to proceed with the appeal without the pre-deposit of duty and penalty after hearing both sides and obtaining their consent. This decision was made based on the possibility of deciding the appeal at that stage.

Issue 2: Liability of 100% EOU for duty payment on exported goods
The appellant, a 100% EOU engaged in manufacturing readymade garments, had removed excisable goods for export at nil rate of duty under ARE-1's. However, a demand was raised against them for not producing proof of export, even though they had executed a B-17 bond. The Tribunal held that the appellant was required to produce proof of export to avail of the exemption from duty.

Issue 3: Interpretation of Notification 15/2002 for exemption from central excise duty
The Tribunal noted that the appellant's claim for exemption under Notification 15/2002 needed to be considered. The notification grants exemption from central excise duty to certain fabrics and apparel subject to specific conditions, including the goods being duty paid and no credit of duty paid on inputs taken. The Tribunal found that the conditions of the notification had not been examined, and therefore, the Commissioner (Appeals) was directed to consider the appellant's eligibility for exemption and pass fresh orders after providing an opportunity to be heard.

Issue 4: Requirement for compliance with conditions of exemption notification
The Tribunal emphasized the need for the Commissioner (Appeals) to examine whether the conditions of the exemption notification had been complied with by the appellant. This examination was deemed necessary as the plea regarding compliance was raised before the Tribunal for the first time, and justice required a thorough evaluation of the claim.

Issue 5: Remand of the appeal for further consideration by Commissioner (Appeals)
The Tribunal allowed the appeal by remanding it to the Commissioner (Appeals) for a detailed examination of the appellant's claim for exemption under Notification 15/2002. The appellants were granted the liberty to raise all relevant legal issues before the Commissioner (Appeals) during the further proceedings.

In conclusion, the Tribunal's judgment addressed the issues of waiver of pre-deposit, liability of the 100% EOU for duty payment, interpretation of the exemption notification, compliance with notification conditions, and remand for further consideration by the Commissioner (Appeals) to ensure a fair assessment of the appellant's eligibility for exemption from central excise duty.