1988 (7) TMI 276 - AT - Central Excise

Issues Involved:
1. Entitlement to concessional rate of duty under Notifications No. 68/76 and 69/76.
2. Bar of limitation on the demand for differential duty.
3. Definition and scope of "educational purposes" under the notifications.
4. Satisfaction of the proper officer regarding the use of paper for educational purposes.

Detailed Analysis:

1. Entitlement to Concessional Rate of Duty:
The respondents, M/s. Orient Paper Mills, cleared 3,17,923 kilograms of white printing paper at concessional rates under Notifications No. 68/76 and 69/76. The Department issued a notice on 5-6-1980 for recovery of differential duty, claiming that the paper was not entitled to the concessional benefit. The Assistant Collector confirmed the demand on 17-2-1984, but the Collector (Appeals) set aside this order on 18-6-1984. The Department's appeal contended that the paper supplied to four entities (Geetha Press, Bhakti Vedantha Book Trust, Manav Seva Sangh, and Venkateshwar Pusthakalaya) did not qualify for concessional duty as it was not used for "various educational purposes" as specified in the notifications.

2. Bar of Limitation:
The Collector (Appeals) also held that the demand was barred by limitation. The Department argued that the assessments were provisional, thus negating the limitation bar. The respondents acknowledged the provisional nature of the assessments but contended that it was unrelated to the current dispute. The Tribunal held that if the Department proved the inapplicability of the notifications, the demand could not be resisted on limitation grounds due to the provisional assessments.

3. Definition and Scope of "Educational Purposes":
The core issue was whether the supply of paper to the four entities qualified as "educational purposes." The respondents argued that the supply was made under statutory directions from authorities like the Paper Controller and Hindustan Paper Corporation Ltd., based on recommendations from a committee constituted by the Ministry of Education. They contended that these recommendations sufficed to establish the educational purpose, negating the need for independent proof by the respondents. The Tribunal noted that the notifications' language ("for various educational purposes such as for text books, exercise books and university examinations") suggested that the specified purposes were illustrative, not exhaustive.

4. Satisfaction of the Proper Officer:
The Tribunal examined whether the proper officer's satisfaction regarding the educational use of the paper was necessary. The respondents provided evidence of statutory orders and compliance with inter-departmental formalities to support their claim. The Tribunal found that the recommendations from the Ministry of Education's committee and the absence of any contrary findings from the committee on the books produced from the concessional paper supported the respondents' claim. Additionally, letters from State Governments indicating that some books were prescribed as textbooks or recommended for school libraries further bolstered the respondents' case.

Separate Judgments:
One member (Judicial) concluded that the supply was for educational purposes and upheld the Collector (Appeals)'s order, dismissing the Department's appeal. However, two members (Technical) opined that the proper officer must ensure the actual use of the paper to prevent misuse of the concession. They remanded the case to the Assistant Collector to verify the paper's utilization for the claimed educational purposes.

Final Order:
The appeal was disposed of in accordance with the majority opinion, remanding the case to the Assistant Collector for verification of the actual use of the paper supplied. The cross-objections by the respondents were dismissed as they sought no further relief beyond what was granted in the impugned order.

Conclusion:
The majority decision emphasized the necessity for the proper officer to verify the actual use of the paper to prevent misuse of the concessional duty benefit, thereby remanding the case for further investigation.

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