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2015 (12) TMI 1002 - AT - Central Excise100% EOU - Job work - goods were ultimately exported by HLL - allegation that Instant Coffee Powder cleared to DTA by wrongly availing the benefit of Notification No.43/2001-CE (NT) dt. 26.6.2001 - Imposition of interest and equivalent penalty under Rule 25 of Central Excise Rules,2002 - Held that - Appellant have chosen to supply to special category of buyers covered under Rule 19 (2) of the Central Excise Rules. Duty shall be payable only if the clearances are made to general category of buyers. We agree with the submission of the learned Advocate that Rule 19 does not exclude the clearances from 100% EOU from its purview. We find that Notification No. 43/2001-CE dated 26.06.2001 was issued under Rule 19 of Central Excise Rules. As per clause 2(ii) of the notification, exemption is allowed subject to fulfilment of the condition that provisions of the Central Excise (Removal of Goods at Concessional Rate of Duty for manufacture of Excisable Goods) Rules, 2001, shall be followed mutatis mutandis. We also find that the goods were cleared under ARE-3 procedure to M/s. Blend Pack and receipt of the goods were accounted for by M/s. Blend Pack and intimation was sent to jurisdictional Commissioner of appellant s unit. Blend Pack is a job worker of Hindustan Level Ltd., (HLL) for further repacking and the goods were ultimately exported by HLL, which is not in dispute. Appellant EOU cleared the goods under Notification No. 43/2001 which was issued under Rule 19 of the Central Excise Rules and the goods were ultimately exported by HLL. Therefore, the question of demanding duty on the instant coffee powder ultimately exported does not arise and the demand is liable to be set aside. Consequently, no penalty is imposable. - Decided in favour of assessee.
Issues:
- Interpretation of Notification No. 43/2001-CE (NT) regarding duty on Instant Coffee Powder cleared to DTA. - Applicability of Central Excise Rules and conditions for availing exemption. - Dispute over clearance of goods by Export Oriented Unit (EOU) to DTA without payment of duty. - Examination of Tribunal's previous decisions and their relevance to the current case. Interpretation of Notification No. 43/2001-CE (NT): The appeal challenged an Order-in-Original demanding duty on Instant Coffee Powder cleared to DTA under Notification No. 43/2001-CE (NT). The appellant, an EOU, claimed benefit under the notification for clearances to M/s. Blend Pack. The adjudicating authority denied the benefit citing absence of a specific notification under Section 5A for EOU clearances. The appellant argued that Rule 19 of Central Excise Rules applies and highlighted procedural compliance by M/s. Blend Pack. Reference was made to Supreme Court decisions and previous Tribunal rulings supporting the appellant's stance. Applicability of Central Excise Rules and Exemption Conditions: The appellant contended that Rule 19 does not exclude EOU clearances from its purview, emphasizing compliance with Central Excise Rules and procedural requirements. The Tribunal noted that the goods were cleared to a job worker of HLL for export, supported by relevant documentation. Citing the Winsome Yarns Ltd. case, the Tribunal agreed with the appellant's interpretation and held that Notification No. 43/2001-CE was applicable in this scenario. Dispute over EOU Clearances to DTA without Duty Payment: The Revenue argued that the EOU cleared goods to DTA without duty payment, contrary to the conditions of Notification No. 43/2001-CE. They contended that the goods were not exported by M/s. Blend Pack and were cleared by HLL, implying a sale transaction. Citing legal precedents, the Revenue maintained that the notification did not apply to the situation, emphasizing the duty liability on DTA sales. Examination of Tribunal's Previous Decisions: The Tribunal analyzed its prior ruling in the Winsome Yarns Ltd. case, which aligned with the appellant's position. Referring to various decisions, the Tribunal concluded that Rule 19 did not exclude EOU clearances and upheld the appellant's claim under Notification No. 43/2001-CE. Consequently, the demand for duty on the exported Instant Coffee Powder was set aside, and no penalty was imposed based on the Tribunal's interpretation and precedent. This comprehensive analysis of the judgment highlights the legal intricacies, interpretations of notifications, and the application of Central Excise Rules in resolving the dispute over duty payment by an EOU for goods cleared to DTA.
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