2006 (10) TMI 282 - AT - Central Excise

Summary

Issues involved: Denial of exemption u/s Notification No. 6/2002-CE for Refrigeration Compressors/Gas Compressors procured for agricultural produce preservation, storage, or transport.

Details of the Judgment:

1. Issue of Exemption Denial: The appeals were filed against orders denying exemption u/s Notification No. 6/2002-CE for goods procured for agricultural produce preservation. The Revenue contended that marine produce processing does not qualify as agricultural produce. The Advocates argued that earlier decisions favored the appellants and the current notification is identical, thus entitling them to exemption.

2. Interpretation of Notification: The Advocates highlighted that the exemption under Notification No. 6/2002-CE pertains to refrigerated vehicles only, not other goods. They cited relevant case laws to support their arguments.

3. Comparison with Previous Decision: The Tribunal noted that a similar case under Notification No. 19/1999-CE had ruled in favor of the appellants for processing shrimps and prawns. As no appeal was made against this decision, it became final. The Tribunal held that the Revenue cannot now deny the exemption based on the same issue.

4. Final Decision: After reviewing the records and previous decisions, the Tribunal found in favor of the appellants, allowing the appeals and granting consequential relief. The Tribunal emphasized that the issue had attained finality, and the Revenue cannot take a contradictory stand.

5. Operative Order: The Tribunal pronounced the operative portion of the order in the open court after completing the hearing, granting relief to the appellants based on the interpretation of the exemption notification and previous decisions.

This summary provides a detailed overview of the judgment, focusing on the issues involved, arguments presented, interpretation of the relevant notification, comparison with previous decisions, final decision by the Tribunal, and the operative order pronounced in the open court.