2018 (12) TMI 661 - AT - Central Excise

Availability of CT-1 Certificate - benefit of N/N. 42/2001 - Held that - Admittedly Notification No.45 was available to the assessee and the mere fact that they initially applied under Notification No.42, cannot be adopted as a ground for denial of benefit of N/N. 45 - appeal dismissed - decided against Revenue.

Summary

Issues:
1. Stay petition filed by Revenue against Commissioner(Appeals)'s order
2. Execution of bond for export of goods under Central Excise Rules
3. Demand for recovery of duty and penalties due to unauthorized procurement of CT-1 Certificate
4. Commissioner(Appeals) setting aside the demand order
5. Applicability of Notification No.45/2001-CE(NT) in the case
6. Dispute regarding denial of benefit under Notification No.45/2001

Analysis:

1. The judgment addresses the stay petition filed by the Revenue against the order of the Commissioner(Appeals) granting relief to the respondent. The Tribunal found the Revenue's petition non-executable and rejected it, noting the presence of a short issue to be decided in the appeal after hearing the arguments and reviewing the impugned order.

2. The case involves the execution of a bond for the export of goods under Rule 19 of the Central Excise Rules, 2002, along with the issuance of a CT-1 Certificate to the respondents by the proper officer for the purpose of export.

3. Subsequently, a demand letter was issued to the respondents for recovery of duty and penalties due to the unauthorized procurement of the CT-1 Certificate, as the goods were exported to Bhutan, not covered by the relevant notification.

4. The original adjudicating authority confirmed the demand for duty recovery and penalties, which was set aside by the Commissioner(Appeals) who observed that the exports made without duty payment to Bhutan were covered by Notification No.45/2001-CE(NT), thus no CT-1 Certificate was required.

5. The Commissioner(Appeals) emphasized that the procedural lapse had no revenue implications, citing various legal precedents including judgments from the Supreme Court and Tribunal decisions to support the decision to grant relief to the respondent based on the applicable notification.

6. The Revenue's objection to denying the benefit under Notification No.45/2001 due to the initial application under Notification No.42/2001 was dismissed by the Tribunal. It was held that the availability of Notification No.45 to the assessee rendered the initial application under a different notification immaterial for denying the benefit, leading to the rejection of the Revenue's stand.

This detailed analysis of the judgment highlights the key issues involved, the arguments presented, and the Tribunal's decision on each aspect of the case.