2011 (8) TMI 218 - AT - Central Excise

Demand - 100%EOU - clearance of Polyester Texturised Yarn which is final product into Domestic Tariff Area without payment of duty - Concessional rate of duty under Notification No. 8/97-CE dated 01.03.1997 / 2/95-CE dated 04.01.1995 - Held that - The decision in the case of M/s. Sanjari Twisters was challenged before the Hon ble Supreme Court and the Hon ble Supreme Court in their order dated 13.08.2008 in Civil Appeal No. 13631 of 2008 dismissed the appeal. Therefore it will be seen that not only there are decisions of the Tribunal in the above cases in favour of the assessee but in the case of Sanjari the decision has been upheld by the Hon ble Supreme Court also.

Summary

Issues:
1. Interpretation of Para -9.10 of Exim Policy 1997-2002 regarding clearance of finished goods without duty payment.
2. Demand of duty on raw materials consumed in the manufacture of finished products cleared to Domestic Tariff Area (DTA) by a 100% EOU.
3. Applicability of exemption notifications for duty payment on finished goods sold against payment of foreign exchange.

Analysis:

Issue 1:
The appeals filed by the Revenue concern the clearance of Polyester Texturised Yarn by a 100% Export Oriented Unit (EOU) into the Domestic Tariff Area (DTA) without payment of duty under Para -9.10 of Exim Policy 1997-2002. The Department contended that no exemption notification allowed the sale of finished goods without duty payment. The Commissioner (Appeals) relied on the Tribunal's decision in Euro Cotspin Limited's case and held that when duty is demanded on finished products, the demand on raw materials used in their manufacture cannot be upheld. The Revenue challenged this decision.

Issue 2:
The question of demanding duty on raw materials used by a 100% EOU for finished goods cleared to DTA has been settled in favor of the assessee in various Tribunal decisions, including Mansa Polyester P. Limited, Dupont Synthetics P. Ltd, and M/s. Sanjari Twisters. The decision in the case of M/s. Sanjari Twisters was upheld by the Hon'ble Supreme Court. The Tribunal noted that the issue had been considered multiple times, and the appeals filed by the Revenue lacked merit based on the settled legal position.

In conclusion, the Tribunal rejected the Revenue's appeals based on the settled legal precedents and the clear interpretation of the Exim Policy provisions regarding duty payment on finished goods sold to DTA by a 100% EOU. The judgments cited in favor of the assessee established the consistent application of the law in similar cases, leading to the rejection of the Revenue's appeals.