2003 (8) TMI 111 - AT - Central Excise

Summary

Issues:
Availability of deemed credit in respect of inputs under Notification No. 58/97-C.E.

Analysis:
The appeal involved a dispute regarding the availability of deemed credit in respect of inputs to the respondents under Notification No. 58/97-C.E., dated 30-8-1997, where the duty liability had not been fully discharged by the supplier/manufacturer under Section 3A. The Commissioner (Appeals) had allowed the deemed credit to the respondents based on a previous Tribunal judgment in a similar case. The Revenue, however, contended that the Tribunal's judgment could not be followed as a reference application against it was pending before the High Court. The Judge disagreed with the Revenue's contention, stating that the issue in the present appeal was covered by the Tribunal's previous judgment and that the interpretation of the notification was correctly done by the Commissioner (Appeals) in line with the Tribunal's decision.

The Revenue further argued that the Tribunal had not properly interpreted the notification in question by not considering the strict interpretation principle laid down by the Apex Court. However, the Judge pointed out that the notification in question was not an exemption notification, and therefore, the rule of strict interpretation for exemption notifications did not apply. Additionally, the Judge highlighted that another Tribunal judgment had clarified that the strict interpretation rule by the Apex Court was not applicable for the notification in question. The Judge affirmed that the Commissioner (Appeals) had correctly followed the Tribunal's judgment in the case, and no illegality had been committed in upholding the impugned order.

Ultimately, the Judge dismissed the appeal of the Revenue, noting that it lacked merit. The decision was based on the fact that the Tribunal's judgment was binding, and the Commissioner (Appeals) had rightly followed it, leading to the validation of the impugned order.