1997 (4) TMI 248 - AT - Central Excise

Summary

Issues:
- Eligibility for rebate claim under Notification 132/82
- Eligibility for rebate claim under Notification 135/83-C.E.
- Retrospective effect of amended Notification 193/82
- Existence of factory as a condition precedent for eligibility

Eligibility for Rebate Claim under Notification 132/82:
The case involved two appeals concerning rebate claims under Notifications 132/82 and 135/83-C.E. The primary issue was whether the existence of the factory during the preceding three sugar years was a condition precedent for eligibility under the notifications. The department argued that since the factory did not exist during the preceding three years, the benefit could not be extended. However, the appellants contended that an amended Notification 193/82 had retrospective effect, citing a Tribunal decision. The Tribunal considered relevant case law, including a Bombay High Court decision, which held that the factory's existence in the preceding years was not a requirement for rebate eligibility. The Tribunal accepted the appellants' argument, noting the amendment to the notification, and granted them the benefit under Notification 132/83 in one appeal.

Eligibility for Rebate Claim under Notification 135/83-C.E.:
Regarding the rebate claim under Notification 135/83, both parties informed the Tribunal that the matter had been remanded to the Assistant Commissioner for recalculating the rebate. The Tribunal upheld the decision to remand the case for further consideration, without disturbing the findings of the Collector (Appeals) in this regard.

Retrospective Effect of Amended Notification 193/82:
The appellants argued that the amended Notification 193/82 had retrospective effect, which was contested by the revenue representative, claiming it applied prospectively. The Tribunal considered precedents and the amendment's impact, ultimately accepting the appellants' position based on relevant decisions and the notification's amendment, granting them the benefit under Notification 132/83.

Existence of Factory as a Condition Precedent for Eligibility:
The Tribunal analyzed whether the factory's existence during the preceding three years was a prerequisite for rebate eligibility. Citing previous judgments, including those by the Bombay High Court, the Tribunal concluded that the lack of sugar production in each preceding year did not automatically disqualify the petitioners from notification benefits. Considering the amendment to the notification and the legal precedents, the Tribunal ruled in favor of the appellants, emphasizing that eligibility should not be solely based on past production history.