2006 (5) TMI 489 - AT - Central Excise

Summary

Issues:
1. Waiver of pre-deposit of duty and penalty confirmed against two companies based on denial of exemption under Notification No. 108/95-CE.
2. Interpretation of certificate issuance requirements under the Notification.
3. Conflict in Tribunal decisions regarding eligibility for exemption based on certificate recipient.

Analysis:
The judgment by the Appellate Tribunal CESTAT MUMBAI dealt with the issue of waiver of pre-deposit of duty and penalty imposed on two companies, M/s. Tiki Tar Industries and M/s. Punjab Steel Rolling Mills, due to the denial of exemption under Notification No. 108/95-CE. The Commissioner of Central Excise, Vadodara had confirmed the demands by rejecting the exemption claim, citing that the certificates required under the Notification were not issued in the name of the manufacturer/supplier of the goods, but in the name of the project contractors awarded by international bodies like the World Bank or Asian Development Bank.

The Tribunal considered previous decisions, notably the case of Commissioner of Central Excise, Hyderabad vs. A.P. Paper Mills Ltd., where it was held that the benefit under the Notification is not admissible if the certificate is not issued in the name of the goods supplier. However, the Tribunal also noted the case of Caterpillar India Pvt. Ltd. vs. Commissioner of Central Excise, Pondicherry, where exemption was granted despite the certificate being in the name of the project contractor, not the manufacturer/supplier of goods. Additionally, in the case of Automatic Electric Limited vs. C.C.E., benefit of exemption was allowed even though the certificate was issued in the name of a subcontractor, not the goods supplier. Due to conflicting decisions within the Tribunal on similar issues, the Tribunal acknowledged a prima facie case in favor of the applicants and thus waived the pre-deposit of duty and penalties, staying the recovery pending the appeals.

In conclusion, the judgment highlights the importance of the specific requirements for certificate issuance under the Notification for claiming exemptions and the need for consistency in Tribunal decisions to ensure fair treatment of taxpayers in similar circumstances.