2008 (6) TMI 522 - AT - Central Excise

Summary

Issues: Appeal against denial of benefit under Notification No. 30/2004-C.E for imported goods.

Analysis:
1. Facts of the Case: The appellant imported wool/acrylic/nylon sweaters and cardigans, claiming exemption under Notification No. 30/2004-C.E, which exempts specified goods from excise duty unless credit of duty on inputs or capital goods has been taken under Cenvat Credit Rules.

2. Appellant's Contention: The appellant argued that since the goods were imported into India, no credit had been taken for inputs or capital goods used in manufacturing. They relied on a Supreme Court decision in Lohia Sheet Products case to support their claim.

3. Revenue's Contention: The Revenue contended that to avail the notification's benefit, the appellant must fulfill its conditions, including not taking credit for duty on inputs or capital goods. They cited various court decisions to support their argument, emphasizing that non-fulfillment of notification conditions leads to denial of benefits.

4. Judgment: The Tribunal noted that the appellant sought benefits under Notification No. 30/2004-C.E, which prohibits benefits for goods where duty credit on inputs or capital goods has been taken. While the appellant cited a Supreme Court case to support their claim, the Tribunal distinguished the case due to differing notification conditions. Citing other court decisions, including Motiram Tolaram, Ashok Traders, and Gujarat Plastic Industries cases, the Tribunal emphasized that failure to meet notification conditions results in benefit denial. As the appellant failed to provide evidence of meeting notification conditions, the Tribunal upheld the denial of benefits and dismissed the appeal.