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2009 (2) TMI 156 - AT - Central ExciseManufacture of Terry Towels for Export 100% EOU - The Appellants manufactured terry towels falling under Chapter 63 of Central Excise Tariff from yarn acquired free of duty against CT-3 certificate under Notification No.15/02-C.E. The condition for exemption in respect of the goods of Chapter 63 mentioned against S. No.17 of the table annexed to the Notification No.15/02-C.E. is that the same must have been made from woven textile fabrics whether or not processed on which appropriate duty of excise chargeable under Central Excise Tariff Act and AED (GSI) chargeable under Additional Duties of Excise (GSI) Act read with any exemption notification for the time being in force has been paid. Since prima facie the terry towels have not been made from the textile fabrics on which Central Excise Duty has been paid the condition for exemption is not satisfied. Exemption is not available - Board s circular No. 125/36/95-CX. dt. 15-5-95 and 667/58/02-CX. dt. 26-9-02
Issues:
Interpretation of Notification No. 15/02-C.E. for concessional rate of duty on goods manufactured by 100% EOUs. Application of Board's circular on exemption from excise duty. Compliance with conditions for duty exemption under Notification No. 15/02-C.E. in the case of terry towels manufactured by the Appellants. Analysis: The case involved Appeal No. E/4310/04 by M/s. Paras Fab International and Appeal No. E/4965/04 by M/s. Vanasthali Textile Inds. Ltd. against the order-in-appeal passed by the Commissioner (Appeals), Jaipur. Both appellants, 100% EOUs manufacturing Terry Towels for export, sought clarity on the concessional rate of duty applicable to their DTA clearances under Notification No. 15/02-C.E. The dispute centered on whether the appellants met the conditions of this notification to qualify for the concessional duty rate. The appellants argued that their terry towels satisfied the conditions of Notification No. 15/02-C.E., making them eligible for the concessional duty rate. They relied on the explanation to the notification, CBEC circulars, and legal precedents to support their claim. However, the Revenue contended that the appellants did not fulfill the conditions of the notification as they did not manufacture terry towels from duty paid fabrics, thus rendering them ineligible for the concessional rate of duty. Upon careful consideration of the submissions and records, the Tribunal found that the appellants procured yarn duty-free against CT-3 certificate to manufacture terry towels, which did not meet the requirement of being made from duty paid fabrics as per the notification. The Tribunal also highlighted the modification of Board's circular No. 125/36/95-CX, emphasizing that goods made from inputs exempted from excise duty or subject to nil rate of excise duty would not qualify for the exemption under Notification No. 15/02-C.E. The Tribunal dismissed the appeals, concluding that the appellants, by using duty-free inputs, did not meet the conditions stipulated in Notification No. 15/02-C.E. The judgments cited by the appellants were deemed irrelevant to the current case, as they did not support their claim for concessional duty rate eligibility under the notification. The Tribunal upheld the duty demands while setting aside the penalties imposed by the Commissioner (Appeals). In summary, the Tribunal's decision clarified the non-fulfillment of conditions for duty exemption under Notification No. 15/02-C.E. by the appellants due to their use of duty-free inputs, leading to the dismissal of the appeals.
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