2008 (2) TMI 154 - AT - Central Excise

Issue involved in this case is the admissibility of Education Cess in terms of Rule 18 of Central Excise Rules, 2002 prior to 6-9-2004 held that amendment in rebate notification by notification dated 6-9-2004, adding Education Cess as duty of excise is clarificatory in nature hence as per rule 18, rebate of education cess is admissible prior to 6.9.04 assessee s appeal allowed

Summary

Issues Involved:
Admissibility of Education Cess in terms of Rule 18 of Central Excise Rules, 2002 prior to 6-9-2004.

Analysis:

Issue 1: Admissibility of Education Cess
The central issue in this case pertains to the admissibility of Education Cess under Rule 18 of the Central Excise Rules, 2002 before 6-9-2004. The Hon'ble Rajasthan High Court, in a previous case, clarified that the amendment adding Education Cess as duty of excise is interpretative in nature. The Court emphasized that Education Cess, as a special Duty of Excise, falls within the ambit of the existing Notification dated 26-6-2001. The Court highlighted that the rebate on the surcharge levied as Education Cess under the Finance Act, 2004, was immediately available under the existing Notification. The Court further explained that the inclusion of Education Cess in the definition of Excise Duty was clarificatory and not a new rebate. The Court concluded that the orders disallowing the rebate on excise duty named as Education Cess were erroneous and should be quashed.

Outcome:
Based on the High Court's decision, the impugned order disallowing the rebate on Education Cess is set aside. The appeal is allowed with consequential relief. The Tribunal held that the orders of the Central Government as the revisional authority and the appellate order of the Commissioner (Appeals) were erroneous and deserved to be quashed. The Tribunal's decision aligns with the interpretation provided by the High Court regarding the admissibility of Education Cess as part of the Duty of Excise under the relevant provisions.

This detailed analysis of the judgment provides a comprehensive understanding of the legal issues involved and the reasoning behind the Tribunal's decision in this case.