2008 (1) TMI 728 - AT - Central Excise

Notification No. 108/1995-C.E. - Held that - the Appellants have substantially fulfilled the conditions of the impugned N/N. 108/1995 and the impugned goods have been utilized for the intended purpose. As such, the exemption cannot be denied which is well deserved by the Appellants having utilized the impugned goods for the specified project - appeal allowed - decided in favor of appellant.

Summary

Issues:
Exemption denial under Notification No. 108/1995 due to procedural defects.

Analysis:
The judgment by the Appellate Tribunal CESTAT, Kolkata, involved a case where the Appellants were denied exemption under Notification No. 108/1995 due to procedural issues. The Department contended that the required certificate was not submitted to the Assistant Commissioner and that the goods were consigned to the Appellants-Contractor instead of the Project Authorities. However, it was acknowledged that the goods were consigned, received at the project site, and used for project purposes.

The Advocate for the Appellants argued that the defects highlighted by the Department were procedural and that the Appellants had substantially met the conditions of the Notification. Reference was made to previous decisions where the Tribunal had allowed exemptions in similar circumstances, citing cases like Hindustan Coals Limited v. CCE, Vadodara-I and others.

After considering the arguments and reviewing the cited decisions, the Tribunal found that the Appellants had indeed fulfilled the conditions of the Notification and that the goods were utilized for the intended project. Consequently, the Tribunal ruled in favor of the Appellants, setting aside the impugned order and granting them the deserved exemption, along with consequential benefits.

In conclusion, the judgment highlighted the importance of substantial compliance with conditions even in the presence of procedural defects, ultimately leading to the Appellants being granted the exemption under Notification No. 108/1995 for utilizing the goods for the specified project.