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2005 (8) TMI 515 - AT - Central Excise
Issues:
1. Interpretation of Notification No. 199/66 for copper rods manufactured from copper bars. Analysis: The judgment by the Appellate Tribunal CESTAT, Mumbai addressed the issue of whether copper rods manufactured from copper bars would be entitled to Notification No. 199/66. The Tribunal noted the issuance of Notification No. 3/91 under Section 11C of the Central Excise Act, 1944, which highlighted the practice of not paying duty on copper wire rods made from copper wire bars during a specific period. The Tribunal previously considered this notification and rejected the Revenue's argument that the benefit could not be extended due to prior demand confirmation. The matter was remanded for reevaluation by the Jurisdictional Commissioner (Appeals) to assess the notification's applicability. In the subsequent proceedings, the benefit of the notification was denied based on the confirmation of demand by the original adjudicating authority and the appellate authority before the Section 11C notification was issued. The Tribunal disagreed with this reasoning, stating that mere demand confirmation before the notification's issuance should not bar the appellant from availing the notification's benefit. The Tribunal referenced a previous case, Devidayal Rolling Mills v. Collector of Central Excise, Bombay, where it was held that copper wire rods made from duty-paid copper wire rods during a specific period were not subject to excise duty. Based on this precedent, the Tribunal set aside the impugned order and allowed the appeal, providing consequential relief to the appellants. This judgment highlights the importance of interpreting notifications and ensuring equal treatment of similarly situated assessees. It emphasizes that prior demand confirmation should not automatically disqualify an appellant from benefiting from a notification aimed at specific practices or exemptions. The Tribunal's decision was influenced by established case law and the principle of fair treatment under the law.
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