1997 (11) TMI 300 - AT - Central Excise

Summary

Issues:
1. Premature demand based on show-cause notices during pendency of classification list.
2. Eligibility for exemption under Notification 175/86 for job workers under Section 4 value.

Analysis:
1. The appeal was against the Commissioner (Appeals) order disposing of two Orders-in-Original by the Asstt. Commissioner of Central Excise. The Asstt. Commissioner approved classification lists rejecting exemption claims under Notification 175/1986. The dispute arose from the inclusion of gold value in clearances for duty calculation. The Asstt. Commissioner held the appellants ineligible for exemption, confirming a demand of Rs. 6,91,658.82. The Commissioner (Appeals) upheld these orders, leading to the appeal before the Tribunal. The appellant contended that the demand based on show-cause notices during the pendency of the classification list was premature, citing the Supreme Court's decision in Samrat International case. The Tribunal found the demand premature and ordered accordingly.

2. The appellants, as job workers, were converting raw materials, including gold, into final products and claiming exemption under Notification 186/87 for duty payment. The issue was their eligibility for exemption under Notification 175/86. The value for valuation under Explanation-I to the notification was determined as per Section 4 value, as interpreted by the Supreme Court in Ujagar Prints case. The Asstt. Commissioner found the appellants ineligible for exemption as the value of clearances exceeded the specified limit in the notification. The Tribunal upheld this determination, stating that the appellants failed to meet the conditions of the notification. Consequently, the duty demanded in the show-cause notices was deemed unsustainable, while the appellants were rightly found ineligible for exemption under Notification 175/86. The appellants were entitled to consequential reliefs as per law.