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2023 (10) TMI 1517 - AT - Central Excise100% Export Oriented Unit (EOU) - benefit of exemption notifications for the clearance of Linear Alkyl Benzene Sulphuric Acid and clearance of Spent Sulphuric Acid to fertilizer companies - N/N. 2/2008-CE dated 01.03.2008 and N/N. 4/2006-CE dated 01.03.2006 - HELD THAT - The said issue has been decided by this Tribunal in their own case M/S A.R. STANCHEM PRIVATE LIMITED VERSUS COMMISSIONER OF CENTRAL EXCISE KOLKATA III 2023 (10) TMI 1297 - CESTAT KOLKATA wherein this Tribunal has observed that the appellant is entitled to the benefits of Notification No.2/2008-CE and Notification No.04/2006-CE. Conclusion - The appellant has correctly paid their duty liability and is entitled to the exemptions under Notification No. 2/2008-CE and Notification No. 4/2006-CE. Appeal allowed.
ISSUES PRESENTED and CONSIDERED
The primary legal issue considered in this judgment is whether a 100% Export Oriented Unit (EOU) is entitled to the benefits of certain exemption notifications for the clearance of goods into the Domestic Tariff Area (DTA). Specifically, the Tribunal examined if the appellant could avail of the benefits of Notification No. 2/2008-CE dated 01.03.2008 for the clearance of Linear Alkyl Benzene Sulphuric Acid and Notification No. 4/2006-CE dated 01.03.2006 for the clearance of Spent Sulphuric Acid to fertilizer companies. ISSUE-WISE DETAILED ANALYSIS 1. Eligibility for Exemption Notifications for DTA Clearances Relevant Legal Framework and Precedents: The Tribunal referred to Section 5A of the Central Excise Act, 1944, which governs the issuance of exemption notifications. The proviso to Section 5A states that exemptions do not apply to goods produced or manufactured by a 100% EOU and brought to any place in India unless specifically provided. Additionally, Notification No. 23/2003-CE dated 31.03.2003 was considered, which exempts excisable goods produced in an EOU and brought to any other place in India, subject to certain conditions. Court's Interpretation and Reasoning: The Tribunal noted that the appellant had previously been granted exemption benefits for similar clearances, and the adjudicating authority had dropped proceedings against them for a subsequent period. The Tribunal emphasized that the duty payable should not be less than the duty of excise leviable on like goods produced outside the EOU. Key Evidence and Findings: The Tribunal found that the appellant had paid duty at the rate applicable to goods produced outside the EOU, which was consistent with the provisions of the relevant notifications. The Tribunal also noted that the appellant had complied with all conditions specified in the notifications, including achieving positive Net Foreign Exchange (NFE) earnings. Application of Law to Facts: The Tribunal applied the provisions of Section 3(1) of the Central Excise Act, 1944, which require that the duty on DTA clearances from a 100% EOU be equivalent to the aggregate of customs duties. The Tribunal concluded that the appellant was entitled to the exemptions as they had fulfilled the necessary conditions. Treatment of Competing Arguments: The Tribunal addressed the Revenue's argument that the exemptions under Section 5A were not applicable to EOUs. It referred to precedents, including judgments from the Delhi High Court and the Supreme Court, which clarified that exemptions could be applied for calculating the Countervailing Duty (CVD) on DTA clearances. Conclusions: The Tribunal concluded that the appellant was entitled to the benefits of the exemption notifications for their DTA clearances, as they had complied with the relevant legal provisions and conditions. SIGNIFICANT HOLDINGS Preserve Verbatim Quotes of Crucial Legal Reasoning: The Tribunal stated, "The duty payable in accordance with this Notification in respect of the said goods shall not be less than the duty of excise leviable on the like goods produced or manufactured outside EOU Unit." Core Principles Established: The Tribunal reinforced the principle that EOUs are entitled to exemption benefits for DTA clearances if they comply with the conditions specified in the relevant notifications. The duty payable should match the duty applicable to similar goods produced outside the EOU. Final Determinations on Each Issue: The Tribunal set aside the impugned order and allowed the appellant's appeals, granting them consequential relief. The Tribunal confirmed that the appellant had correctly paid their duty liability and was entitled to the exemptions under Notification No. 2/2008-CE and Notification No. 4/2006-CE.
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