1991 (5) TMI 163 - AT - Central Excise

Summary

Issues:
- Appeal against order passed by Collector of Central Excise
- Claim for benefit of Notification No. 119/66-CE and subsequent amendments
- Request for adjournment due to consideration of Section 11C Notification
- Exemption Notification No. 3/91-CE(NT) dated 30th January, 1991
- Dispensation with pre-deposit of duty amount
- Remand of the matter to Collector of Central Excise for re-adjudication

Analysis:
The case involves an appeal filed by M/s. Kaycee Electricals against an order by the Collector of Central Excise, Delhi. The appellant claimed the benefit of Notification No. 119/66-CE and subsequent amendments, asserting entitlement due to the use of crude copper for manufacturing copper wire rods. The appellant highlighted the issuance of Exemption Notification No. 3/91-CE(NT) dated 30th January, 1991, exempting copper wire rods manufactured from copper wire bars from certain duties. The appellant argued that the Collector did not consider this notification as it was issued after the hearing, leading to a gap between notification and the order. The appellant sought dispensation with the pre-deposit of a substantial duty amount, citing undue hardship and requested a remand for re-examination based on the new notification.

The respondent, represented by Shri M.K. Sohal, acknowledged the relevance of Exemption Notification No. 3/91-CE(NT) and expressed no objection to dispensing with the pre-deposit and remanding the matter for re-adjudication. After hearing both parties, the Tribunal, comprising S/Shri Harish Chander and P.K. Kapoor, analyzed the facts and circumstances. They noted discrepancies in the Collector's awareness of the exemption notification and the timing of the order. Referring to the retrospective effect of the notification, the Tribunal cited a similar case to support remanding for further examination in line with natural justice principles.

Consequently, the Tribunal decided to set aside the impugned order and remand the matter to the Collector of Central Excise, New Delhi, for re-adjudication. The Collector was instructed to consider the benefit of Exemption Notification No. 3/91-Central Excise (NT) dated 30th January, 1991, observe natural justice principles, and provide a personal hearing opportunity. The Tribunal allowed the appeal by way of remand, emphasizing the need for a fair re-examination of the case.