2005 (8) TMI 436 - AT - Central Excise

Summary

Issues:
- Appeal against OIA No. 698/02-C.E.
- Eligibility for concessional rate of duty under Notification No. 6/2000-C.E.
- Quantity of first clearances for exemption.
- Revenue's grounds of appeal against Commissioner (Appeals) order.

Analysis:
The case involves an appeal by the Revenue against OIA No. 698/02-C.E., challenging the eligibility for concessional rate of duty under Notification No. 6/2000-C.E. The appellants, engaged in manufacturing craft paper, were entitled to a concessional rate of duty for specific quantities of clearances. The dispute arose when the appellants cleared 91.717 MTs of craft paper before receiving the notification, and subsequently cleared additional quantities without payment of duty. The Revenue contended that the appellants were not entitled to exemption for a quantity of 85.869 MTs, leading to the appeal before the Appellate Tribunal.

Upon review, the Tribunal noted that the appellants had cleared a portion of craft paper before receiving the notification, and the remaining quantity was cleared without duty payment after availing the concession. The Tribunal acknowledged that the appellants had informed the department of their intention to avail the exemption and that the lapse in following the proper procedure was technical in nature. The Tribunal upheld the Commissioner (Appeals) order, emphasizing that the lapse did not invalidate the appellants' entitlement to the concession.

The Revenue's appeal was based on the argument that the appellants exceeded the quantity eligible for exemption under the notification. However, the Tribunal found that the appellants' actions were in line with the notification's provisions, considering the technical nature of the lapse and the subsequent compliance with the concession terms. Consequently, the Tribunal dismissed the Revenue's appeal, affirming the legality and propriety of the Commissioner (Appeals) order. The judgment highlights the significance of adherence to procedural requirements while also considering the practical application of concessional duty provisions.