9911796707
|
Home
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2014 (2) TMI 324 - AT - Central ExciseSupply of stores for Consumption on board a vessel of the Indian Navy - Benefit of notification 64/95-CE - Held that - notification NO. 64/95-CE was subsequently amended by notification 37/2007-CE dated 1-11-2007 which provided for grant of exemption to fuels procured by IOCL from any other manufacturer of the said fuels and supplied as stores for consumption on board a vessel of the Indian Navy or Coast Guard subject to certain conditions. These amendments are procedural in nature and they should be given retrospective effect. It is not IOCL who is claiming the refund but HPCL who has supplied the goods to IOCL. HPCL is not the supplier of the goods to the Indian Navy but IOCL. Therefore, HPCL cannot acquire the status of supplier of stores to the Indian Navy which is the requirement of the notification If the appellant s contention that they are eligible for the exemption in view of the Board s Circulars dated 4-9-2004 and 4-1-2005, then there was no need to amend the notification vide notification No. 37/07-CE dated 1-11-2007 by inserting a new entry - Following decision of Moosa Haji Patrawala Pvt. Ltd. 1999 (8) TMI 208 - CEGAT, NEW DELHI and LEADER ENGINEERING WORKS Versus COMMISSIONER OF C. EX., CHANDIGARH 2006 (2) TMI 193 - SUPREME COURT OF INDIA - Decided against assessee.
Issues Involved:
1. Eligibility for duty exemption under Notification No. 64/95-CE for High Speed Diesel (HSD) supplied to Indian Oil Corporation Ltd. (IOCL) and subsequently to the Indian Navy. 2. Interpretation and applicability of CBEC circulars regarding end-use exemptions. 3. Relevance of procedural amendments made by Notification No. 37/2007-CE. 4. Applicability of precedents and judicial decisions cited by the appellant. 5. Imposition of penalties on the appellant. Issue-wise Detailed Analysis: 1. Eligibility for Duty Exemption under Notification No. 64/95-CE: The appellant, M/s. Hindustan Petroleum Corporation Ltd. (HPCL), supplied High Speed Diesel (HSD) to IOCL without payment of duty, claiming exemption under Notification No. 64/95-CE. The exemption was for "goods supplied as stores for consumption on board a vessel of the Indian Navy or Coast Guard." However, the investigation revealed that HPCL sold the HSD to IOCL on a commercial basis, and it was IOCL that subsequently supplied the HSD to the Indian Navy. The adjudicating authority confirmed the duty demands, interest, and imposed penalties, as the appellant did not directly supply the goods to the Indian Navy, thus not fulfilling the condition stipulated in the notification. 2. Interpretation and Applicability of CBEC Circulars: The appellant argued that the CBEC circulars dated 4-9-2004 and 4-1-2005 indicated the government's intention not to deny end-use exemptions for petroleum products supplied on an end-use basis. These circulars addressed logistical issues and provided for provisional assessments and mixed storage of duty-paid and non-duty-paid goods. However, the tribunal held that these circulars did not pertain to situations where goods were supplied to an intermediary entity (IOCL) before reaching the end-user (Indian Navy). Thus, the circulars did not support the appellant's claim for exemption. 3. Procedural Amendments by Notification No. 37/2007-CE: Notification No. 37/2007-CE, effective from 1-11-2007, amended Notification No. 64/95-CE to explicitly allow exemption for fuels procured by IOCL from other manufacturers and supplied to the Indian Navy. The appellant contended that this amendment was procedural and should apply retrospectively. However, the tribunal noted that prior to this amendment, the notification required direct supply to the Indian Navy for exemption eligibility. The amendment's existence indicated that the earlier provisions did not cover the appellant's situation, reinforcing the denial of exemption. 4. Applicability of Precedents and Judicial Decisions: The appellant cited several decisions, including the Tribunal's decision in Indian Oil Corporation Ltd. vs. CCE, Rajkot, where IOCL was granted a refund for duty paid on HSD supplied to naval vessels. However, the tribunal distinguished this case, noting that it involved IOCL claiming a refund, not HPCL. The tribunal also referred to the Supreme Court's decision in Leader Engineering Works, which held that only direct supplies to the Indian Navy qualified for exemption. This precedent was deemed applicable, affirming the denial of exemption to HPCL. 5. Imposition of Penalties: The tribunal considered whether penalties were warranted. Given that the issue involved the interpretation of an exemption notification, the tribunal concluded that imposing penalties was not justified. Consequently, the penalties imposed on the appellant were set aside. Conclusion: The tribunal upheld the confirmation of duty demands and interest, dismissing the appeals as devoid of merit. However, the penalties imposed on the appellant were set aside, acknowledging the interpretative nature of the issue. The operative part of the order was pronounced in the court on 3/12/2013.
|
