2010 (7) TMI 407 - AT - Central Excise

Exemption - benefit of Notification No. 1/95-C.E - notification enabled the EOU to procure capital goods duty-free from domestic manufacturers - vacuum cleaners were used by the EOU for cleaning the factory premises so as to have a dust-free atmosphere in the factory Held that - vacuum cleaners be considered to have been brought to the EOU in connection with the manufacturer of the EOU s final products - appeal is allowed

Summary

Issues:
1. Refund of Central Excise duty for goods cleared to a 100% EOU.
2. Challenge against duty demand on vacuum cleaners supplied to EOU.

Analysis:
1. Refund of Central Excise Duty:
The appellant sought a refund of Rs. 61,752 for goods cleared to a 100% EOU during a specific period. The refund claim was based on an Order-in-Appeal granting the benefit of a notification to the assessee, which the original authority had initially denied. The appellant informed the Assistant Commissioner about clearing the machines to the EOU under protest, with the intention of claiming a refund. The original authority allowed the claim under Section 11B of the Central Excise Act, stating that duty incidence had not been passed on to the buyer. The Commissioner (Appeals) later allowed the Revenue's appeal, leading to the present appeal. The Tribunal held that the Order-in-Appeal had attained finality and constituted a precedent for future clearances to the EOU. As the CT3 certificates were not cancelled, the assessee was entitled to duty-free clearances. The duty paid under protest was deemed refundable, subject to proof against unjust enrichment. The case was remanded to the original authority for verification and determination.

2. Challenge against Duty Demand on Vacuum Cleaners:
The appeal concerned a demand of Rs. 42,204 for vacuum cleaners supplied to the EOU. The lower authorities denied the benefit of a notification to the assessee, stating that the vacuum cleaners were not directly used in manufacturing the EOU's final products. However, the Tribunal referred to a High Court judgment where materials brought into the EOU premises for purposes related to manufacturing final products were considered eligible for exemption. In this case, the vacuum cleaners were used to maintain a dust-free atmosphere for worker health and product cleanliness. Following the precedent set by the High Court judgment, the Tribunal allowed the appeal, setting aside the impugned order.

In conclusion, the Tribunal allowed the first appeal for the refund of Central Excise duty paid under protest and the second appeal against the duty demand on vacuum cleaners supplied to the EOU, based on the eligibility criteria established by relevant notifications and legal precedents.