1987 (5) TMI 188 - AT - Central Excise

Summary

Issues:
1. Application for waiver of prior deposit of duty and penalty.
2. Interpretation of Notification No. 227/86-CE with retrospective effect.
3. Applicability of exemption to goods manufactured for captive consumption.
4. Consideration of the Central Duties of Excise (Retrospective Exemption) Act, 1986.

Analysis:
1. The judgment deals with an application seeking waiver of a duty and penalty imposed on the petitioner by the Addl. Collector of Central Excise. The petitioner claimed exemption under Notification No. 227/86-CE with retrospective effect. The waiver was granted, and the appeal was taken up for disposal.

2. The appeal challenged the Addl. Collector's order rejecting the benefits of Notification No. 227/86-CE in favor of the appellant. The appellant, a manufacturer of wooden crates, argued that they were entitled to exemption under previous notifications and that the retrospective effect of Notification No. 227/86-CE should apply to their goods. The appellant contended that the wider scope of the new notification should not disqualify them from the benefits.

3. The key issue was whether the retrospective operation of Notification No. 227/86-CE, exempting goods from duty payment, applied to the goods manufactured by the appellant for captive consumption. The appellant had previously enjoyed exemption under Notification No. 118/75-CE, which was rescinded before the new notification came into effect. The judgment highlighted that the retrospective exemption was intended to prevent duty liability on manufacturers previously exempted.

4. The judgment referenced the Central Duties of Excise (Retrospective Exemption) Act, 1986, which provided for the retrospective effect of certain notifications issued by the government. The Act ensured that notifications related to maintaining effective duty rates would be deemed to have always been in effect from a specified date. The court concluded that the appellant was entitled to the benefits of Notification No. 227/86-CE with retrospective effect for goods manufactured and consumed captively, setting aside the impugned order and allowing the appeal.