2008 (8) TMI 630 - AT - Central Excise

Area based exemption to new unit in Kutch (Gujarat) - Notification No. 39/2001-C.E - manufacture of corrugated sheet

Summary

Issues:
Refund of duty on corrugated C.R. sheets and defective corrugated sheets under the (Kutch) Area based exemption Notification No. 39/2001-C.E., dated 31-7-2001.

Detailed Analysis:

1. Issue of Eligibility for Exemption:
The dispute in the present appeals revolves around the eligibility of the manufacturer for the refund of duty paid on corrugated C.R. sheets and defective corrugated sheets under Notification No. 39/2001-C.E. The Notification provides benefits to new units set up in the Kutch District area of Gujarat after 31-7-2001 and commencing commercial production before 31-12-2005. The manufacturer must utilize the entire Cenvat credit available to them for payment of duty, with the balance to be paid in cash through PLA. The respondents met all conditions of the Notification for their main products and regularly filed refund claims which were being sanctioned.

2. Interpretation of the Notification:
The Commissioner (Appeals) accepted the assessee's argument that the exemption pertains to a new "unit" starting commercial production by 31-12-2005, not a new product. The commercial production of C.R. sheets, the base material for corrugated sheets, began before the cut-off date. The corrugation process does not change the basic character of the product, and the plant and machinery were not added post the stipulated date. The Revenue's objection was based on the corrugation happening after 31-12-2005.

3. Analysis of Arguments:
Both sides presented arguments, acknowledging that the assessee fulfilled all Notification conditions, with the only contention being the timing of corrugation post the cut-off date. The Revenue did not claim any new plant or machinery installation after the deadline. The Tribunal referred to a clarification by the Central Board of Excise and Customs, stating that if products are made post the cut-off date using existing machinery without additions, they are eligible for exemption. This clarification supported the assessee's position.

4. Decision and Rationale:
The Tribunal rejected the Revenue's appeals, emphasizing that even if corrugated sheets were considered a new product, they were manufactured using existing machinery pre-dating the cut-off date. The clarification by the Board further supported this stance. The Tribunal affirmed that the galvanization of plain sheets post the cut-off date did not constitute a new product, thus upholding the Commissioner (Appeals) decision. The Tribunal highlighted that Revenue cannot contest Board clarifications. The order was pronounced in favor of the assessee on 26-8-2008.