2005 (8) TMI 503 - AT - Central Excise

Summary

Issues: Duty demand on M.S. Bars and Rods made from materials purchased from railways; Exemption under Notification No. 202/88.

Analysis:
1. The duty demand pertains to M.S. Bars and Rods made from materials purchased from railways, with the Appellant seeking exemption under Notification No. 202/88. The Appellant argued that a similar issue was addressed by the Allahabad High Court in the case of Lakshmi Rolling Mills, where it was held that materials purchased from Railways should be presumed duty paid, making the products eligible for exemption. This decision was upheld by the Supreme Court, supporting the Appellant's claim for exemption under Notification No. 202/88.

2. The Senior Departmental Representative contended that a comparable issue arose in the case of Elphinstone Metal Rolling Mills before the Supreme Court, where it was ruled that exemptions cannot be granted by presuming all waste and scrap in the market as duty paid. Relying on this judgment, the Tribunal had previously rejected exemption under Notification No. 202/88.

3. The Tribunal considered the conflicting judgments and found that the Allahabad High Court's decision in the Lakshmi Rolling Mills case, confirmed by the Supreme Court, specifically covered the dispute at hand. The judgment in the Elphinstone Metal Rolling Mills case pertained to a different notification and could not be applied against the Appellant's claim. Additionally, a previous order of the Tribunal in the case of Mohan Steels Ltd. regarding MS scrap purchased from Kabaries was deemed inapplicable as the current case involved direct purchases from railways.

4. Consequently, the Tribunal allowed the appeals, setting aside the impugned order. The Appellant was deemed eligible for consequential relief, if any, based on the findings and precedents discussed during the proceedings.