1983 (8) TMI 289 - AT - Central Excise

Summary

Issues:
Appeal against duty and penalty imposed by Additional Collector of Central Excise, interpretation of Notification No. 105/80-C.E. regarding exemption limits for clearances.

Analysis:
The judgment involves revision applications transferred to the Tribunal under Section 131B of the Customs Act, 1962. The appeals concern duty and penalty imposed by the Additional Collector of Central Excise, Meerut, in two separate orders. The appellant, a manufacturer of electrical equipment, contested the duty demands and penalties imposed. The crux of the matter revolves around the interpretation of Notification No. 105/80-C.E. regarding exemption limits for clearances for home consumption. The appellant argued that only goods cleared for home consumption should be considered for determining eligibility for duty-free clearances. The Additional Collector, however, included goods cleared for export in the calculation, leading to duty demands and penalties.

The appellant contended that the wording of Notification No. 105/80-C.E. was clear and unambiguous, specifying that only goods cleared for home consumption should be taken into account. They provided substantial evidence, including orders, invoices, bills of lading, and shipping documents, to prove that the goods supplied to a particular entity were explicitly for export purposes. The appellant emphasized that the notification did not mandate direct exports from the factory premises and that the goods in question were neither intended nor used for home consumption.

The Tribunal carefully analyzed the notification and upheld the appellant's argument that goods cleared for export and actually exported should not be considered as goods cleared for home consumption. Consequently, the value of such goods should not be factored into the computation of clearances for determining exemption eligibility under Notification No. 105/80-C.E. The Tribunal set aside the orders of the Additional Collector and directed a reconsideration excluding the value of goods cleared and exported for the purpose of computing clearances for home consumption. Ultimately, both appeals were disposed of in favor of the appellant, granting relief from duty demands and penalties imposed by the Additional Collector.