2004 (3) TMI 123 - AT - Central Excise

Summary

Issues:
- Benefit of exemption Notification No. 108/95
- Verification of certificates issued by Project Implementing Authority
- Imposition of demand, interest, and penalty
- Bar of limitation
- Justification for penalty imposition

Analysis:

The judgment by the Appellate Tribunal CESTAT, Mumbai involved a dispute regarding the benefit of exemption under Notification No. 108/95 claimed by an appellant company engaged in the manufacture of Transmission Tower parts. The dispute arose due to the financing of projects by M/s. Japan Bank for International Cooperation, which was not recognized as a notified international organization. The appellants claimed the benefit based on certificates from M/s. APTRANSCO, the Project Implementing Authority. The Commissioner denied the benefit, imposed demand, interest, and a penalty on the appellants, alleging non-verification of certificate genuineness.

The Tribunal noted that the appellants had acted in good faith based on certificates from the Project Implementing Authority. The withdrawal of certificates by the Authority regarding the financing organization's status was deemed to have prospective effect only. The Tribunal highlighted a previous case where the Department failed to take appropriate actions despite doubts on exemption eligibility, leading to the confirmation of demand, interest, and penalty being set aside. The Tribunal concluded that the demand was time-barred, and the penalty imposition lacked justification.

The judgment emphasized that the Revenue Authorities had not examined the status of the financing organization at the relevant time. The appellants' reliance on valid certificates was considered reasonable, and the blame for not verifying the organization's status could not be shifted to them. Consequently, the impugned order was set aside, and all appeals were allowed with consequential reliefs to the appellants. The Stay Petitions were also disposed of accordingly, favoring the appellants.