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2017 (5) TMI 93 - AT - Central ExciseEntitlement of N/N. 6/2002-CE dated 1.3.2002 - clearance of weighing machines and one conveyor without payment of duty - Whether the appellant is entitled for benefit of exemption N/N. 6/2002-CE dated 1.3.2002 at Serial No.237 read with list no.9 item 21 for supply of weighing machines and conveyors to M/s. Non-Conventional Energy Development Corporation of Andhra Pradesh for setting up a Bio Gas Combustion Co-generation Power Project or not? - Held that - the Id. Counsel for the appellant categorically asserted that the certificate for exemption issued by the Non-Conventional Energy Development Corporation of Andhra Pradesh Ltd. is for the exemption under Sl.No.16 of the List 9 of the said notification. No claim for exemption is being made under Sl.No.21 as parts . That being the case, there IS no dispute to be resolved by the Larger Bench as the appellant is claiming/ exemption only under Sl.No.16 - Eligibility of the appellant for exemption under Sl.No.16 has to be examined by the Division Bench considering the scope of the said entry and the nature of the impugned goods for which exemption is claimed - the matter is returned back to the Division Bench, Chandigarh for decision.
Issues involved:
Entitlement of the appellant for exemption under Notification No.6/2002-CE dated 1.3.2002 at Serial No.237 read with list no.9 item 21 for supply of weighing machines and conveyors to M/s. Non-Conventional Energy Development Corporation of Andhra Pradesh for setting up a Bio Gas Combustion Co-generation Power Project. Detailed Analysis: 1. Background and Dispute: The appellants cleared weighing machines and a conveyor without paying central excise duty, claiming exemption under Notification No.6/2002-CE. The dispute arose when the exemption was denied by the Original Authority and the first Appellate Authority. The matter was then referred to the Tribunal by the Chandigarh Bench for resolution due to conflicting decisions of Division Benches on the issue. 2. Interpretation of Notification No.6/2002: The notification provides an exemption for non-conventional energy devices/systems specified in List 9. The Division Bench analyzed two previous cases, one where the exemption was allowed for chimneys as part of biomass burning boilers under Sl.No.16, and another where exemption was denied for parts of waste conversion devices under Sl.No.21 if not consumed within the factory of production. 3. Contrary Decisions: The Tribunal noted that the two cases dealt with different issues under the same notification. While one case focused on the eligibility under Sl.No.16 for specific items, the other examined the requirement of parts consumption within the factory under Sl.No.21. The appellant in the current case claimed exemption only under Sl.No.16, not under Sl.No.21 for parts. 4. Resolution by Larger Bench: The Larger Bench clarified that there was no conflict between the previous decisions cited. As the appellant sought exemption under Sl.No.16, the Division Bench was directed to assess the eligibility based on the scope of the entry and the nature of the goods. The matter was returned to the Division Bench for a merit-based decision on the appellant's exemption claim. 5. Conclusion: The judgment emphasized the need for a clear understanding of the specific entry under which exemption is claimed and directed a thorough examination by the Division Bench based on the relevant provisions of the notification. The decision highlighted the importance of accurately determining the scope of exemption entries to resolve disputes effectively. This comprehensive analysis of the judgment provides a detailed breakdown of the issues involved and the Tribunal's decision, ensuring a clear understanding of the legal complexities addressed in the case.
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