2008 (6) TMI 221 - HC - Central Excise

Summary

Issues:
1. Interpretation of Notification No. 9/2003-C.E. and Notification No. 67/2003-C.E.
2. Eligibility of the respondent for exemption under the Central Excise Act, 1944.

Analysis:
The appeal before the High Court challenged the judgment of the Customs, Excise and Service Tax Appellate Tribunal, South Zonal Bench at Chennai regarding the eligibility of the respondent for exemption under Notification No. 9/2003-C.E. and Notification No. 67/2003-C.E. The appellant contended that the respondent was not entitled to the exemption as per the findings of the Original Authority, which were later set aside erroneously. The First Appellate Authority affirmed the respondent's entitlement to the exemption under the said notifications, which was further challenged by the Revenue in the Second Appeal before the Tribunal.

The Tribunal, in its analysis, referred to sub-section (1) and sub-section (2A) of Section 5A of the Central Excise Act, 1944, and highlighted the explanation inserted in the amending Notification No. 67/2003 dated 11-8-2003. The Tribunal concluded that the exemption for clearance of goods for job work applied to the respondent, and they were not liable to pay duty on the goods. The Tribunal upheld the findings of the First Appellate Tribunal, stating that the exemption granted in the notifications was rightfully applied in favor of the respondent.

Ultimately, the High Court found no substantial questions of law arising from the concurrent findings of the Tribunal. The High Court dismissed the appeal, noting its lack of merit. The judgment emphasized the correct interpretation and application of the relevant notifications under the Central Excise Act, 1944, in determining the eligibility of the respondent for exemption.