2006 (5) TMI 335 - AT - Central Excise

Summary

Issues:
1. Denial of benefit under Notification No. 6/2002-C.E. due to company name change.
2. Sustainability of demands for duty on Naphtha used by power plants.
3. Withdrawal of warehousing facility affecting duty exemption eligibility.

Analysis:
1. The appellants were required to pre-deposit a substantial duty amount in two appeals and stay applications due to the denial of benefits under Notification No. 6/2002-C.E. The issue arose because the company's name had been changed from M/s. Tanir Bavi Power Co. Ltd. to M/s. GMR Energy Ltd., Bangalore. The appellants argued that despite the name change, the company remained the same entity under the General Clauses Act. The Tribunal agreed, emphasizing that the company had not been sold or leased to others. Therefore, the denial of benefits based solely on the name change was considered a procedural violation, and the appellants' case was deemed strong in their favor.

2. The Commissioner had initially dropped the demand for duty in an earlier period but changed his view for subsequent periods, leading to a challenge on the sustainability of the demands. The appellants contended that the duty exemption for Naphtha used by power plants, as per the notification, should apply. The Tribunal concurred, noting that the notification explicitly granted exemption for Naphtha supplied to power plants. Given the consistency in the company's constitution despite the name change and the previous dropping of charges by the Commissioner, the demands were deemed unsustainable, further supporting the appellants' case.

3. The withdrawal of warehousing facility was cited as a reason for denying the duty exemption eligibility. However, the Tribunal found that the withdrawal did not affect the duty exemption under the active notification. Since the notification clearly exempted Naphtha supplied to power plants and the company's core structure had not changed, the denial based on the name change was considered insignificant. Consequently, the Tribunal allowed the stay application unconditionally, granting a full waiver of the pre-deposit amount and staying its recovery during the appeals' pendency. The appeals were scheduled for an expedited hearing on 20th June 2006 due to the significant duty amount involved.