1997 (8) TMI 172 - AT - Central Excise

Summary

Issues:
1. Denial of benefit under Notification No. 179/77-C.E., dated 18-6-1977 to appellants manufacturing generator sets.
2. Interpretation of Notification regarding exemption for goods produced without the aid of power.
3. Applicability of previous court decisions and tribunal rulings on similar cases.

Detailed Analysis:

Issue 1: Denial of benefit under Notification No. 179/77-C.E., dated 18-6-1977
The appellants, engaged in manufacturing generator sets, filed an appeal against the order denying them the benefit of Notification No. 179/77-C.E., dated 18-6-1977. The Collector, Central Excise, Bombay, held that since the base plate, an essential component, was manufactured with the aid of power by the appellants, they were not eligible for the exemption under the said notification.

Issue 2: Interpretation of Notification regarding exemption for goods produced without the aid of power
The appellants contended that they only assembled generator sets without using power, thus qualifying for the exemption. They argued that even if the M.S. Chassis was manufactured with power, it did not mean the entire generator set was assembled using power. They cited legal precedents, including a Delhi High Court case and various Tribunal decisions, to support their claim for exemption under Notification No. 179/77-C.E., dated 18-6-1977.

Issue 3: Applicability of previous court decisions and tribunal rulings
The respondent, however, argued that as the M.S. chassis used in the generator sets was made with power, the exemption did not apply as per the notification's requirement. Reference was made to a Supreme Court case which clarified that processes carried out with power would disqualify the final product from the exemption. The Tribunal noted that the Supreme Court decision directly addressed the issue in question and dismissed the appeal based on this precedent.

In conclusion, the Tribunal upheld the denial of the benefit under Notification No. 179/77-C.E., dated 18-6-1977 to the appellants, emphasizing that the manufacturing process involving power for the M.S. chassis rendered them ineligible for the exemption. The Tribunal found the Supreme Court's interpretation of the notification to be decisive, dismissing the appeal in line with the established legal precedent. The Tribunal also clarified that the appellants' reliance on tribunal rulings based on circulars issued after the relevant period was not applicable to their case.