2005 (11) TMI 311 - AT - Central Excise

Summary

Issues: Interpretation of exemption notification for solar power devices under Central Excise law.

Analysis:
1. The appellant, a PSU, manufactured Solar Power Traffic Signal Systems and Solar Street Lights claiming exemption at nil rate under Notification No. 6/2002-C.E. The issue was whether these items fell under the exemption category of "non-conventional energy devices/systems" specified in List 9.

2. The Commissioner denied the exemption, stating the government's intention was to promote solar energy for specific uses like cooking, water heating, and water pumping. However, the appellant argued that the term "Other applications" in the exemption notification should be interpreted liberally to include solar traffic signal systems and solar street lights.

3. The Tribunal, after considering the arguments, held that the Commissioner failed to provide a source for limiting the government's intention to specific uses. Citing precedents like CCE v. Parle Exports Pvt. Ltd., the Tribunal agreed with the appellant's counsel that the term "Other applications" should be interpreted broadly, not restrictively. The Tribunal found the appellant had a strong prima facie case and granted a full waiver from the pre-deposit of duty amounts.

4. The Tribunal allowed the stay application unconditionally, requiring the appeal to be heard within 180 days as per Section 35F of the Act. The case was scheduled for hearing on a specified date. The judgment emphasized interpreting tax notifications in plain and simple terms without importing intentions beyond the text, ensuring a liberal interpretation of ambiguous terms in favor of the taxpayer.