2004 (7) TMI 219 - AT - Central Excise

Summary

Issues:
1. Interpretation of Notification No. 182/87-CE and Notification No. 63/95-CE regarding exemption of goods manufactured in workshops situated at mines.
2. Whether explosives manufactured at the mining site in a Mobile Pump Truck are exempt from duty under the Notifications.
3. Application of the ratio of the Anil Chemicals case to the present dispute.

Analysis:
1. The case involved a dispute regarding the exemption of duty on explosives manufactured at a mining site in a Mobile Pump Truck. The appellants argued that the explosives were exempt under Notification No. 182/87-CE and Notification No. 63/95-CE. The Commissioner (Appeals) denied the exemption based on the wording differences between the two notifications.

2. The appellants contended that the explosives manufactured at the mining site in the Mobile Pump Truck were fully exempted from duty under the mentioned notifications. They argued that the Mobile Pump Truck fell under the definition of "Workshop" as clarified by the Central Board of Excise and Customs (CBEC). The appellants relied on Circulars and correspondence to support their claim for exemption.

3. The Tribunal analyzed the Notifications and the Anil Chemicals case, which discussed the exemption of goods manufactured in workshops situated at mines. The Tribunal found that the ingredients of explosives were kept in separate compartments of the van to prevent accidents. The Tribunal applied the ratio of the Anil Chemicals case to the present dispute and concluded that the appeal deserved to be allowed.

4. Ultimately, the Tribunal set aside the order of the Commissioner (Appeals) and allowed the appeal with consequential relief to the appellants. Additionally, the Tribunal dismissed the appeal filed by the Revenue.

This detailed analysis of the judgment highlights the key issues, arguments presented by the parties, relevant legal provisions, and the Tribunal's decision based on the interpretation of the notifications and previous case law.