2006 (1) TMI 382 - AT - Central Excise

Summary

Issues: Denial of exemption under Notification No. 38/2003-C.E. for the activity involving transfer of goods to job workers, interpretation of the terms "sale" and "purchase" in the context of Central Excise Act, applicability of judgments on Modvat credit to the present case, financial hardship faced by the appellant, safeguarding the Revenue's interest.

Analysis:
1. The appellant supplied raw materials to job workers for manufacturing garments and claimed exemption under Notification No. 38/2003-C.E. The exemption was denied as there was no sale of garments by job workers to the appellant, and the Notification required "purchase." The Counsel argued that the transfer of goods to job workers amounts to purchase, citing judgments where similar circumstances were considered as a sale. He emphasized the definition of sale and purchase under Section 2(h) of the Central Excise Act, stating that consideration for goods constitutes sale and purchase, seeking relief due to financial hardship.

2. The Counsel relied on precedents like Rado Types Ltd. v. CCE and CCE v. Video Master to support the argument that the terms "sale" and "purchase" should be interpreted based on the Act's definition. The Counsel contended that the Commissioner's distinction of these judgments was unfounded, as the definition remains consistent regardless of Modvat credit or goods supply to job workers. Full waiver was requested to prevent severe financial hardship.

3. The Revenue argued for safeguarding its interests, suggesting the appellant be held accountable. However, the Tribunal noted the lack of response from the Revenue on the submissions made by the appellant. Considering the precedents cited and to ensure justice and Revenue's interest, the Tribunal directed the appellant to provide a Bank Guarantee of Rs. 1 crore to the Commissioner within a month. The appeal was scheduled for a hearing after compliance, and the Revenue was instructed not to recover the amount until the appeal's disposal. The stay application was granted under these terms to balance the interests involved.

In conclusion, the judgment addressed the denial of exemption, interpretation of sale and purchase terms, reliance on relevant judgments, financial challenges faced by the appellant, and the need to safeguard the Revenue's interest. The Tribunal's decision to allow the stay application with conditions aimed to balance the parties' interests while ensuring compliance and further proceedings in the case.