2005 (5) TMI 449 - AT - Central Excise

Summary

Issues:
1. Exemption under notification No. 64/95 for supply of storage batteries to Indian Navy
2. Demand of duty and penalties under Rule 57CC(1) for clearance to Indian Navy
3. Applicability of Rule 57CC to manufacturing only exempted products

Exemption under notification No. 64/95 for supply of storage batteries to Indian Navy:
The appellants, engaged in manufacturing underwater storage batteries, supplied batteries to the Indian Navy claiming exemption under notification No. 64/95. They also exported batteries without duty payment under Rule 13 of the Central Excise Rules, 1944. The appellant cleared consignments to the Indian Navy during a specific period by availing the exemption and reversing Modvat credit on inputs used in manufacturing the batteries.

Demand of duty and penalties under Rule 57CC(1) for clearance to Indian Navy:
Proceedings were initiated against the appellants through a show cause notice proposing a demand of 8% of the sale price of storage batteries cleared to the Indian Navy under Rule 57CC(1). Duties were confirmed, and penalties were imposed based on this notice. However, it was revealed that the consignment cleared to the Indian Navy was part of a purchase order initially placed with Standard Batteries Ltd., which was later taken over by the appellant. Similar proceedings were initiated for batteries supplied by Standard Batteries Ltd. to the Indian Navy.

Applicability of Rule 57CC to manufacturing only exempted products:
The Tribunal referred to a previous decision where it was held that Rule 57CC does not apply when the assessee manufactures only exempted products. The rule is applicable when the assessee manufactures both exempted and dutiable products. Based on this interpretation, the impugned order was set aside, and the appeal was allowed with consequential relief to the appellant.

In conclusion, the judgment by the Appellate Tribunal CESTAT, Mumbai addressed the issues related to exemption under notification No. 64/95 for supplying storage batteries to the Indian Navy, demand of duty and penalties under Rule 57CC(1) for clearance to the Indian Navy, and the applicability of Rule 57CC to manufacturing only exempted products. The decision highlighted the importance of understanding the manufacturing processes and the implications of rules governing duty exemptions and liabilities in such scenarios.