2010 (9) TMI 909 - AT - Central Excise

Notification No. 32/2005, dated 17-8-2005 - Contention of the appellants that they are entitled to higher refund in terms of Notification No. 32/2005, dated 17-8-2005. It is clear from the language of the Notification that the exemption is available to cement and steel used in construction of houses in the Tsunami affected districts of Tamilnadu and certain other states - Amount of refund shall not be in excess of 6% of cost of construction or Rs. 9000/- per house constructed, whichever is less, in any case - exemption shall only be in respect of duties paid on the said goods, which have been used in such houses constructed on or after a particular date . Held that - The authorities have rightly sanctioned the refund only on duty paid on cement and steel utilized in the construction of the houses for Tsunami affected persons. Therefore Contention of the appellants dismissed.

Summary

Issues:
Claim for refund of duty paid on cement and steel used in construction for Tsunami affected districts of Tamil Nadu.

Analysis:
The appellants, an NGO, claimed a refund of duty paid by the manufacturer of cement and steel used in constructing houses for Tsunami affected districts of Tamil Nadu. The contention was that they were entitled to a higher refund under Notification No. 32/2005. The Notification exempted cement and steel used in construction of houses in specified areas from the duty of excise leviable under certain conditions. The exemption applied to Non-Government Organizations, Voluntary Agencies, and other approved construction agencies for rehabilitation work. The procedure for claiming the refund was outlined, including submission of documents to the jurisdictional excise officer. The refund was limited to 6% of the cost of construction or Rs. 9000 per house constructed, whichever is less. The exemption was applicable only to duties paid on goods used in houses constructed between specific dates.

The Tribunal noted that the exemption was specifically for cement and steel used in construction in the mentioned districts. The refund amount was capped at 6% of the construction cost or Rs. 9000 per house. The authorities had correctly sanctioned the refund only for duty paid on cement and steel used in the construction, ensuring it did not exceed the prescribed limits. As the refund did not surpass the specified amounts, the Tribunal upheld the decision of the authorities and dismissed the appeals made by the appellants.