2008 (10) TMI 424 - AT - Central Excise

Pipes for delivery of water - Exemption under Notification No. 6/2006-C.E. - Order - Appealable order - Appeal by Department - Non-representation

Summary

Issues involved:
Interpretation of exemption under Notification No. 6/2006-C.E. dated 1-3-06 regarding machinery and appliances for Water Treatment Plant, validity of certificates obtained for exemption, whether pipes for delivery of water beyond first storage point are eligible for exemption, jurisdiction of Superintendent's communication as an appellable order, strict construction of exemption notification.

Analysis:

1. Multiple Appeals and Miscellaneous Applications:
The Department initially filed two Appeals regarding Orders-in-Appeal, which actually encompassed thirty Orders by the Original Authority. Subsequently, 28 more Appeals were filed with Miscellaneous Applications for condonation of delay. Respondents accepted the additional Appeals, leading to the allowance of all 28 Miscellaneous Applications.

2. Eligibility for Exemption under Notification:
The issue revolved around the eligibility for exemption under Notification No. 6/2006-C.E. dated 1-3-06, specifically regarding pipes needed for a Water Treatment Plant. The Respondents obtained certificates from relevant authorities, indicating compliance with the Notification's conditions. The Advocate argued that the exemption should cover pipes up to the third storage point, as the Notification did not specify restrictions until an amendment in 2007.

3. Interpretation of Notification and Department's Arguments:
The Department contended that the exemption should only apply to pipes up to the first storage point, citing a Board's Circular and legal precedents. They argued that the Superintendent's communication should not be considered an appellable order. The Department emphasized strict construction of the exemption Notification.

4. Judgment and Conclusion:
The Tribunal analyzed the Notification's language and intent, finding that the unamended Notification did not restrict the exemption to the first storage point. They upheld the lower Appellate Authority's decision to grant exemption to the Respondents for pipes used beyond the first storage point. The Tribunal disagreed with the Department's interpretation and dismissed all 30 Appeals filed by the Department, including the extra Appeals.

In conclusion, the Tribunal upheld the exemption granted to the Respondents under the Notification, emphasizing the absence of explicit restrictions in the original Notification and the necessity to interpret it accordingly. The judgment clarified the scope of exemption for pipes used in Water Treatment Plants and highlighted the importance of adhering to the Notification's language and conditions.