2008 (11) TMI 268 - HC - Central Excise

Ship stores - Underwater batteries - whether the petitioner is entitled to get benefit in terms of the notification issued by the authorities being N/N. 64/95-Central Excise dated 16-3-1995?

Summary

Issues:
Interpretation of a notification granting exemption under Central Excise; Delay in submission of required certificate for exemption.

Analysis:
The case involved a dispute regarding the entitlement to an exemption under a Central Excise notification. The main issue was whether the petitioner fulfilled the conditions specified in the notification, particularly regarding the submission of a certificate from the Indian Navy. The notification required a certificate from the Indian Navy or Directorate of Production and Inspection stating the goods were for use by the Indian Navy. The appellant argued that although a certificate was produced, there was a delay in its submission. The respondent contended that the conditions were fully complied with and that the benefit should not be denied due to a belatedly submitted amended certificate.

The High Court analyzed the arguments presented by both parties. The Court noted that the respondent had indeed submitted the original certificates before the authorities for examination, fulfilling the condition specified in the notification. The Court referenced a decision of the Gujarat High Court affirmed by the Supreme Court in a similar case, emphasizing that a belated submission should not negate the benefit accrued by the respondent. The Court found that the condition of submitting the certificate from the Naval authority had been met by the respondent, leading to the conclusion that the exemption should not be denied to the appellant.

In its final decision, the High Court upheld the order passed by the Appellate Tribunal, stating that there was no illegality or irregularity in the Tribunal's decision. Therefore, the Court affirmed the order of the Tribunal and dismissed the appeal. All parties were instructed to act on a signed copy of the order, and an urgent certified copy of the order would be provided to the parties upon application and compliance with formalities.