2012 (12) TMI 1143 - HC - Central Excise

Summary

Issues involved:
Quashing of show cause notice u/s 154 of the Finance Act, 2003 regarding denial of exemption benefit and refund claim for non-fulfillment of conditions of provisional registration certificate and exemption.

Judgment Summary:

Issue 1:
The petitioners claimed exemption benefit under Notification No. 32/99-C.E., dated 8-7-1999 but were issued a show cause notice for alleged non-compliance with conditions of provisional registration certificate (PRC) and exemption requirements.

Details:
The petitioners argued that their unit met the specified date and location criteria for exemption, and permanent registration was not mandatory for exemption eligibility.

Issue 2:
The show cause notice contended that the petitioners did not fulfill conditions set by the State Government for establishing non-tobacco employment generating industries, which was a prerequisite for exemption.

Details:
The petitioners refuted this claim, stating they had taken steps to set up a pharmaceutical unit and had obtained Industrial Entrepreneur Memorandum (IEM) from the Govt. of India.

Issue 3:
The Finance Act, 2003 amended the exemption notification, leading to a retrospective withdrawal of exemption benefits for certain products, including cigarettes and pan masala containing tobacco.

Details:
The Supreme Court upheld the validity of this amendment, emphasizing the intent to stimulate industrial growth and prevent misuse of exemptions by certain industries.

Conclusion:
The High Court ruled in favor of the petitioners, stating that the show cause notice was unjustified as the conditions for exemption were met, and additional requirements beyond the exemption notification were not enforceable. The Court directed a fresh decision within three months.