1988 (4) TMI 180 - AT - Central Excise

Summary

Issues:
Appeals against orders of Collector of Central Excise (Appeals), Madras involving a common issue regarding the eligibility of benefits under Notification No. 70/76-C.E. and Notification No. 89/80-C.E.

Analysis:
The case involved multiple appeals against the orders of the Collector of Central Excise (Appeals) in Madras, where the appellants, M/s. Raman Boards Limited, claimed benefits under Notification No. 70/76-C.E. and later under Notification No. 89/80-C.E. The dispute revolved around whether the appellants were entitled to the benefit of Notification No. 89/80-C.E. after initially availing benefits under Notification No. 70/76-C.E. The lower appellate authority held that the appellants were disentitled to the benefit under Notification No. 89/80-C.E. due to their previous availing of benefits under Notification No. 70/76-C.E. However, the Collector (Appeals) allowed the benefit under Notification No. 89/80-C.E. for the year 1982-83 as the appellants had not availed benefits under Notification No. 70/76-C.E. in that year.

The appellants argued that there was no bar to claiming benefits under either of the two notifications as long as they availed benefits under only one of them. The Revenue contended that the specific stipulation in Notification No. 89/80 precluded the appellants from opting for benefits under it after availing benefits under Notification No. 70/76. The Tribunal observed that the appellants met the eligibility criteria under both notifications and had voluntarily refunded the duty benefit claimed under Notification No. 70/76-C.E. The Tribunal found that there was no legal bar preventing the appellants from claiming benefits under Notification No. 89/80-C.E. as long as they satisfied the criteria and only claimed relief under that notification. The Tribunal allowed the manufacturer's appeals and dismissed the appeal of the revenue, emphasizing that the benefit under the notifications was not restricted to a financial year-wise basis.

The Tribunal concluded that the appellants were entitled to claim benefits under Notification No. 89/80-C.E. despite initially availing benefits under Notification No. 70/76-C.E., as long as they met the eligibility criteria and only claimed relief under the latter notification. The Tribunal highlighted that the choice of claiming benefits under either notification rested with the manufacturer based on what was more advantageous to them. The Tribunal emphasized that as long as the appellants filed the refund claim within the time limit, the benefit of the notification could not be denied, with the refund adjusted for the relief already enjoyed under Notification No. 70/76. The Tribunal upheld the manufacturer's appeals and dismissed the revenue's appeal, highlighting that there was no legal impediment to the appellants' claim under Notification No. 89/80-C.E. as per the provisions of the notifications.