2008 (9) TMI 844 - AT - Central Excise

Summary

Issues involved: Appeal against order passed by Commissioner (Appeals) regarding duty demand on processed fabrics for availing exemption under Notification No. 214/86.

Summary:
1. The appeal was filed by Revenue against the order passed by Commissioner (Appeals) regarding duty demand on processed fabrics. The respondent, a job worker, undertook processes on yarn supplied by another company under proper authenticated documents. The reason for duty demand was that the processed fabrics were not specified as 'final products' for exemption under Notification No. 214/86. The show cause notice was issued to the appellants for duty demand during a specific period, considering suppression of facts.

2. The Commissioner (Appeals) extended the benefit of limitation to the respondent, stating that duty liability should be on the manufacturer claiming the benefit, not the job worker. The Circular No. 306/22/97-CX clarified that duty liability for job work under Rule 57F(4) rests with the manufacturer. The Commissioner observed that even if duty was paid by the job worker, the manufacturer would claim credit, making the revenue transaction neutral and no intention to evade duty.

3. The findings in the order of the appellate authority were not effectively rebutted by Revenue in their appeal memo. As the goods' movement was based on proper documents and permissions, no mala fide intent could be attributed to the respondent. Therefore, the benefit of limitation was rightly extended to the respondent, and there was no reason to interfere with the Commissioner (Appeals) orders.

4. The Tribunal rejected Revenue's appeal, affirming the orders of Commissioner (Appeals) as the findings were not effectively challenged, and the benefit of limitation was correctly granted to the respondent.