2013 (12) TMI 701 - AT - Central Excise

Eligibility for Notification No.63/95-CE Goods supplied for defence purposes or other projects Held that - Supply made to vendors would not be covered by the Notification No.63/95-CE dt. 16/03/1995 - The clarification above although are not issued under any of the provisions of the statute and lacks legal sanction, that was binding on the tax administration for uniformity approach to the subject to remove anomaly - Relying upon National Engg. Industries Ltd. Vs. CCE, Jaipur-I 2010 (7) TMI 406 - CESTAT, NEW DELHI - extension of benefit of the Notification to a job worker and vendor supplying input to the manufacturer of final goods for ultimate supply to Ministry of Defence would apparently amount to extending the scope of exemption to such job worker and vendor which is not permissible - it is not merely supply to Ministry of Defence but such supplies should be for official purpose when the exemption is available in relation to finished goods but not in relation to inputs supplied to manufacture of finished goods Decided against Assessee.

Summary

Issues Involved:
1. Eligibility for exemption under Notification No. 63/95-CE dated 16/03/1995.
2. Applicability of CBEC clarifications regarding exemption to intermediate goods.
3. Admissibility of CENVAT credit.

Detailed Analysis:

1. Eligibility for exemption under Notification No. 63/95-CE dated 16/03/1995:

The core issue revolves around the appellant's eligibility for exemption under Notification No. 63/95-CE dated 16/03/1995. The appellant supplied 45 oil cooling systems valued at Rs. 3,67,20,000/- to M/s. Hindustan Aeronautics Ltd. (HAL) during June 2009 to January 2010, claiming the benefit under the said notification. The notification exempts goods manufactured by certain specified manufacturers for supply to the Ministry of Defence for official purposes. The appellant contended that since the goods were supplied to HAL, which in turn supplied them to the Ministry of Defence, the exemption should apply. However, the Tribunal concluded that the exemption is not applicable to intermediate goods supplied to HAL, but only to the final goods supplied directly to the Ministry of Defence.

2. Applicability of CBEC clarifications regarding exemption to intermediate goods:

The appellant relied on a certificate issued by HAL and a CBEC clarification dated 23/06/2006, which stated that goods manufactured by intermediaries are exempt from duty. The appellant argued that based on this clarification, the goods supplied to HAL should be exempt from duty. However, the Tribunal referred to a subsequent CBEC clarification dated 27/10/2009, which explicitly stated that the exemption under Notification No. 63/95-CE does not extend to vendors supplying inputs to manufacturers of final goods. The Tribunal also referenced a similar case, National Engg. Industries Ltd. Vs. CCE, Jaipur-I, where it was held that extending the exemption to job workers and vendors would not be permissible.

3. Admissibility of CENVAT credit:

The appellant's counsel raised the issue of CENVAT credit admissibility. However, the Tribunal dismissed this plea, stating that without scrutiny of documents and factual circumstances, it is not possible to determine the eligibility for CENVAT credit at this stage.

Conclusion:

The Tribunal dismissed the appeal, adhering to judicial discipline and the government's clarifications. The appellant's contention for exemption under Notification No. 63/95-CE was rejected, and the plea for CENVAT credit was also dismissed due to lack of sufficient evidence and scrutiny.