2006 (1) TMI 356 - AT - Central Excise

Exemption from payment of excise duly - Whether Mix Concrete manufactured and used at the site of construction is Ready Mix Concrete ? - HELD THAT - In the case before us the entry at column No. 2 at serial No. 51 says only 38 i.e. it refers to only Chapter No. The said entry does not refer to any heading No. or Sub-heading No. To our mind the Central Government had every intention to exempt all kinds of Concrete Mix from payment of duty, which is very evident from the fact that, the said notification in respect of many items indicates heading No. and sub-heading Nos. specifically. If the law makers did not intend to exempt Ready Mix Concrete falling under Chapter Sub-heading No. 3824.20/3824.90 they would have categorically said so, by indicating in the serial No. 51 only the specific heading Nos. which are eligible for exemption. Since, the notification intends to cover all the Concrete Mix manufactured at the site of construction for the use in construction work at such site , it would also cover the Ready Mix Concrete in its ambit of exemption. As we have held, above that the entry at serial No. 51 of notification No. 4/97, exempts all Concrete Mixes which fall under Chapter 38, and as it is not disputed that the product of the appellant gets covered under Chapter 38, the reference is answered in favour of the appellants. We also allow the appeal since no other issue arises in this case. The reference to the Larger Bench and appeal are disposed of in the above terms.

Summary

Issues:
Interpretation of exemption under Notification No. 4/97 for concrete mix used in construction work at the site - Classification of concrete mix under Central Excise Tariff Act - Application of exemption to Ready Mix Concrete - Location of manufacturing plant affecting eligibility for exemption.

Analysis:
The case involved a dispute regarding the classification and exemption of concrete mix used in the construction of a dam. The Revenue contended that the concrete mix should be classified under a specific tariff sub-heading and demanded duty based on this classification. The appellant argued for exemption from duty under Serial No. 51 of Notification No. 4/97, which exempts concrete mix manufactured at the site of construction for use in construction work at that site. The adjudicating authority upheld the Revenue's classification and demand for duty, relying on previous Tribunal decisions and circulars.

The appellant's senior advocate argued that the concrete mix manufactured by the appellant should not be classified as Ready Mix Concrete, as both Ready Mix Concrete and Concrete Mix are essentially the same product. Reference was made to Indian Standard specifications to support this argument. It was emphasized that the concrete mix was manufactured at the construction site of the dam, making it eligible for the exemption under Notification No. 4/97.

The Tribunal analyzed the previous Tribunal decision in the Continental Foundation Joint Venture case, which classified Ready Mix Concrete under a specific sub-heading and denied exemption under the same notification. However, the Tribunal in the present case disagreed with this classification and held that the exemption under Serial No. 51 of Notification No. 4/97 should not be narrowly interpreted to exclude Ready Mix Concrete manufactured at the construction site. The Tribunal reasoned that the exemption intended to cover all types of concrete mix used in construction work at the site, including Ready Mix Concrete.

Additionally, the Tribunal referred to a High Court case involving Larsen & Toubro Ltd., where the Central Government Counsel clarified that Ready Mix Concrete manufactured at the site of construction is eligible for exemption. This further supported the Tribunal's interpretation of the exemption under Notification No. 4/97. The Tribunal concluded that since the appellant's product fell under Chapter 38, which covered concrete mixes, the exemption should apply, and the appeal was allowed in favor of the appellant.

In summary, the Tribunal's decision clarified the interpretation of the exemption under Notification No. 4/97 for concrete mix used in construction work, including Ready Mix Concrete manufactured at the site. The location of the manufacturing plant was not a decisive factor in determining the eligibility for exemption, as long as the concrete mix was used at the construction site. The decision aligned with previous legal interpretations and upheld the appellant's claim for exemption from duty.