2007 (7) TMI 134 - AT - Customs

Education cess is not leviable on those goods which are exempted, under Not. 8/04 from all the other duties Condition in terms of this Notification that amount equal to BED, SED, AED, NCCD should be deposited in Escrow Account was fulfilled by assesse Exemption benefit granted

Summary

Issues:
Exemption under Notification No. 8/2004-C.E. for goods from North-Eastern States; Requirement of deposit in Escrow Account; Levying Education Cess on exempted goods; Comparison with previous Tribunal decision on DEPB Scheme.

Analysis:

1. The appellants were availing exemption under Notification No. 8/2004-C.E. for goods cleared from North-Eastern States. The exemption required an amount equal to specified duties to be deposited in an Escrow Account for certain investments. However, Education Cess was not exempted under this Notification, and there was a question of whether it should be levied on the exempted goods.

2. The Tribunal analyzed the provisions of the Finance Act, 2004, and the specific wording of the Notification. It was noted that Education Cess is calculated at 2% of aggregate excise duties, but since the exempted goods had a nil aggregate duty due to the exemption, there was no basis for levying and collecting Education Cess. This interpretation was supported by a previous Tribunal decision related to the DEPB Scheme, where Education Cess was not levied on fully exempted imports.

3. Referring to the specific language of the Notification and the Finance Act, the Tribunal concluded that no Education Cess was leviable on the goods exempted under Notification No. 8/2004-C.E. The absence of any subsequent amendments to include Education Cess in the Notification indicated that lawmakers did not intend to impose Education Cess on these exempted goods or require its deposit in the Escrow Account.

4. Based on the above analysis and findings, the Tribunal allowed all six appeals, providing consequential benefits to the appellants. The decision highlighted the importance of interpreting tax laws and exemption notifications in a manner consistent with legislative intent and specific wording to determine the applicability of additional levies like Education Cess on exempted goods.

This detailed analysis of the judgment from the Appellate Tribunal CESTAT, Kolkata provides a comprehensive overview of the issues involved, the legal interpretations made by the Tribunal, and the ultimate decision rendered in favor of the appellants based on the specific provisions of the law and the exemption Notification in question.