2016 (6) TMI 231 - AT - Central Excise

Entitlement to claim exemption under Notification 10/97 dated 01.03.1997 - whether air conditioners are not used for scientific and research purpose? - Held that - AC system are specially designed and modified for use in specialised mobile operation theatres for use by the Indian Army in the field. We also find the basic design of the Auto Air-conditioning was that of the Australian foreign collaborator and it was modified to suit the requirement of Ministry of Defence. We are of the considered opinion that the appellant are entitled for the exemption under Notification 10/97 dated 01.03.1997 because the institution to whom the appellant has supplied the goods is a public sector institution and they have also furnished the requisite and they are not engaged in any commercial activity and the said goods are required for research purposes. - Decided in favour of assessee

Summary

Issues:
- Entitlement to claim exemption under Notification 10/97 dated 01.03.1997
- Compliance with conditions for claiming the exemption

Entitlement to claim exemption under Notification 10/97 dated 01.03.1997:
The case involved the appellant, engaged in manufacturing air conditioning equipment for the transport sector, claiming exemption under Notification 10/97 dated 01.03.1997 for clearances to central government customers involved in research and development for the Ministry of Defence. The appellant underwent modifications to meet the specific requirements of the customers, which were detailed extensively in the appeal. The appellant argued that the modifications were essential to suit the needs of the customers and provided evidence of compliance with the conditions of the notification. The appellant highlighted the failure of standard products and the subsequent redesign to meet the Defence requirements. Additionally, the appellant emphasized that eligibility certificates were issued by R&D establishments of the Ministry of Defence, and all necessary documentation was submitted to claim the exemption.

Compliance with conditions for claiming the exemption:
The appellate tribunal examined the communication justifying the appellant's entitlement for the exemption, emphasizing the unique design and technical specifications required by the Defence Research and Development Organization (DRDO). The tribunal noted that the excise duty exemption certificate was signed by a Major General, the Director of VRDE, indicating the institution's eligibility for the exemption. The tribunal found that the appellant fulfilled all conditions required for claiming the exemption under Notification 10/97, including being a public funded research institution, registration with the Government of India, and the goods being for research purposes only. The tribunal referenced relevant case law supporting the appellant's position and concluded that the appellant was entitled to the exemption due to the specialized nature of the AC systems designed for use in mobile operation theatres by the Indian Army. Consequently, the tribunal set aside the impugned order, allowing the appeal with consequential relief.

This detailed analysis of the judgment showcases the appellant's arguments, the respondent's counterclaims, and the tribunal's decision based on the evidence presented regarding the entitlement to claim exemption under Notification 10/97 dated 01.03.1997 and the compliance with the necessary conditions for claiming the exemption.