1999 (5) TMI 183 - AT - Central Excise

Summary

Issues:
1. Interpretation of Notification No. 70/77 for exemption from excise duty.
2. Determination of whether goods supplied for manufacture of whalers qualify for exemption.
3. Application of the definition of "stores" under Section 2 of the Customs Act, 1962.
4. Consideration of the Board's clarification dated 30-12-1988 in granting exemption.

Analysis:
The appeal before the Appellate Tribunal CEGAT, New Delhi involved a dispute regarding the exemption from excise duty under Notification No. 70/77 for goods supplied for the manufacture of whalers. The respondents, engaged in manufacturing unsaturated polyester resins, claimed exemption under the said notification. The Revenue contended that the exemption applied only to goods directly supplied as stores for consumption on board a vessel of the Indian Navy. The respondents argued that since the goods were used in manufacturing whalers later supplied to the Indian Navy, they should qualify for the exemption.

The key question was whether the goods supplied by the respondents, which were used in the manufacture of whalers and not directly provided to the Indian Navy, were eligible for the benefit of Notification 70/77-C.E. The notification specifically exempted excisable goods supplied as stores for consumption on board an Indian Navy vessel. The Tribunal referred to Section 2 of the Customs Act, 1962, which defines "stores" as goods for use in a vessel, including fuel and spare parts.

The respondents relied on a clarification dated 30-12-1988 by the Board, indicating an intention to grant exemption not only for goods used in the maintenance of Navy vessels but also for goods consumed by the crew. However, the Tribunal found this clarification not applicable to the case at hand. Since the excisable goods were not directly supplied as stores for consumption on an Indian Navy vessel, the Tribunal concluded that the benefit of Notification No. 70/77 was not applicable to the goods in question.

Therefore, the Tribunal set aside the earlier order and allowed the appeal filed by the Revenue, determining that the exemption under Notification No. 70/77 did not extend to goods supplied for the manufacture of whalers, which were subsequently provided to the Indian Navy. The decision was based on the specific language of the notification and the absence of direct supply to the Navy for consumption on board, as required by the exemption provision.