1998 (7) TMI 160 - AT - Central Excise

Summary

Issues:
Interpretation of paragraph 4 of Exemption Notification 175/86, dated 1-3-1986.

Analysis:
The judgment involves four appeals filed by the Collector of Central Excise, Bombay-I against a common order-in-appeal dated 3-6-1993 passed by Collector of Central Excise (Appeals), Bombay. The dispute revolves around the interpretation of paragraph 4 of Exemption Notification 175/86, dated 1-3-1986. The respondents, small-scale industries, were denied exemption benefits for the period from 1-4-1992 to 21-5-1992 due to the amendment of the second proviso under paragraph 4 by Notification 55/92, dated 31-3-1992. The Assistant Collector initially denied the exemption, but the Collector (Appeals) reversed these orders, stating that the respondents were eligible for the benefit of exemption during the mentioned period. The Collector argued for setting aside the order-in-appeal, emphasizing that the respondents were not registered with the Director of Industries as required under paragraph 4. The Tribunal analyzed the amendments and found that the Assistant Collector had misinterpreted the notification. The Tribunal clarified that the second proviso rendered sub-clause (b) inoperative under specific conditions, and since the respondents had not availed of the exemption under clause (a) of the first proviso, they were eligible for the benefit of exemption under Notification No. 175/86 for the period in question.

The Tribunal rejected the Assistant Collector's interpretation that only a manufacturer registered with DGTD was eligible for the benefit of Notification 55/92 dated 31-3-1992. The Tribunal highlighted that the exemption was available under the main notification, not the amending Notification 55/92. The Tribunal emphasized that sub-clause (b) provided a relaxation from the registration requirement with the State Director of Industries and was available to manufacturers who had availed of the exemption under the notification in the preceding financial year. The second proviso during the relevant period specified conditions under which clause (b) of the first proviso was not applicable, and the respondents met these conditions. The Tribunal upheld the order-in-appeal, dismissing the appeals filed by the Collector.

If any refund is due as a result of the implementation of this order, the Assistant Commissioner is directed to regulate it in accordance with Section 11B of the Central Excise Act, 1944.