2008 (10) TMI 437 - AT - Central Excise

Summary

Issues involved: Interpretation of exemption notifications u/s 6/2002-C.E. and u/s 4/2005-C.E. for internal combustion engine parts used in manufacturing tractors and tillers.

Summary:
The Appellate Tribunal CESTAT, Bangalore heard the case where the appellants were directed to pre-deposit a specific sum along with penalties and interest as per Section 11AC and 11AB. The issue revolved around availing exemption benefits under Notification No. 6/2002-C.E. and No. 4/2005-C.E. for internal combustion engine parts used in producing tractors and tillers. The Commissioner's order required the parts to fall under specific headings, contrary to the Board's clarification that parts can fall under any chapter as long as they are used for goods of heading 8701. The appellants argued citing a Mumbai Bench decision and the Board's clarification, leading to the Tribunal ruling in their favor, setting aside the impugned order and granting relief to the assessee. The stay application and appeal were decided in favor of the appellants.