2006 (12) TMI 35 - AT - Central Excise

Exemption Alleged that goods manufactured by the appellant covered under Chapter SH No. 9305.00 Exemption not allow After considering all the fact authority allow the appeal

Summary

Issues:
- Exemption eligibility under Notification No. 8/2001-C.E. dated 1-3-2001 and its amendment by Notification No. 47/2001 dated 1-10-2001.
- Duty liability for goods under Chapter SH No. 9305.00 from 1-4-2001 to 30-9-2001.
- Applicability of exemption for goods manufactured by the Appellant.
- Barred by limitation for the demand made by the show cause notice.
- Levying of penalty and interest by the Departmental Authority.

Analysis:
1. The appellant challenged the order of the ld. Commissioner (Appeal-II), Kolkata, which held that the goods manufactured by the Appellant under Chapter SH No. 9305.00 were not eligible for exemption from 1-4-2001 to 30-9-2001, despite being covered by Notification No. 8/2001-C.E. dated 1-3-2001 and its amendment by Notification No. 47/2001 dated 1-10-2001. The appeal was dismissed by the learned Commissioner (Appeals) based on this finding.

2. The appellant's counsel argued that the duty amount, penalty, and interest levied for the period from 1-4-2001 to 7-8-2001 were misconceived, citing misinterpretation of Notification No. 8/01 dated 1-3-2001 and 47/01 dated 1-10-2001. The Appellant contended that the goods manufactured fell under Chapter SH No. 9305.00 and were eligible for exemption when calculating clearance, emphasizing that the demand was time-barred, hence no payment was due.

3. The Revenue contended that the ld. Commissioner (Appeals) correctly concluded that the Appellant was not entitled to the exemption granted by Notification No. 8/01-C.E. dated 1-3-2001, which withdrew the exemption for SSI from 1-4-2001 onwards. The Revenue argued that the goods were not eligible for exclusion from clearance under the said notifications.

4. The Tribunal examined the matter and found that the subsequent amendment to Notification No. 8/2001 dated 1-3-2001 by Notification No. 47/2001 dated 1-10-2001 was clarificatory and had retrospective effect for refunding duty collected before 1-10-2001. Citing a Supreme Court decision, the Tribunal held that the Appellant was entitled to exemption under the amended notification. The issue of limitation was not addressed by the authorities below, necessitating further examination.

5. The Tribunal allowed the appeal, remanding the matter to the learned Commissioner (Appeals) for a determination on the issue of limitation and any other unresolved matters. The decision was pronounced on 11-1-07.