2005 (4) TMI 406 - AT - Central Excise

Summary

Issues involved:
Interpretation of Conditions no. 2 & 5 of Notification no. 14/2002-C.E. dated 1-3-2002 as amended regarding payment of appropriate duty on fabrics.

Summary:

1. The Department contended that the appellants are liable to pay 24% ad valorem duty on fabrics, while the appellants claimed a concessional rate of duty under Notification no. 14/2002-C.E. The dispute centered around the interpretation of Conditions no. 2 & 5 of the notification.

2. Condition no. 2 required payment of excise duty on textile yarns, and Condition no. 5 required payment of excise duty on textile fabrics. The appellants argued that their captive consumption was exempted under Notification no. 22/96-C.E., hence no duty was required to be paid. They cited a circular clarifying that the exemption under Notification no. 14/2002-C.E. applied to composite Textile Mills even if exempted from duty under Notification No. 22/96-C.E.

3. The Tribunal found that the Commissioner misdirected herself by applying a higher duty rate to the appellants when other similarly situated units were allowed the concessional rate under Notification No. 14/2002-C.E. The Tribunal set aside the impugned order in favor of the appellants, citing inconsistencies in the Commissioner's decision and failure to consider relevant clarifications and circulars.

4. The Tribunal's decision was pronounced on 29-4-2005, providing consequential relief to the appellants based on the misapplication of duty rates and the clarification regarding exemptions for captive consumption in the textile industry.