1999 (9) TMI 215 - AT - Central Excise

Summary

Issues involved: The eligibility of the appellants for exemption from duty on tarpaulin/protective covers after payment of duty on lay flat tubings as per Notification 15/94-C.E., and the compliance with conditions under Sl. No. 21 of the notification.

Summary:
The case revolved around the eligibility of the appellants for duty exemption on tarpaulin/protective covers after paying duty on lay flat tubings, as per Notification 15/94-C.E. The appellants used duty paid plastic granules to manufacture lay flat tubings, paid duty on the tubings, and then used them in the production of tarpaulin/protective covers. The Revenue contended that the covers should be taxed at 30% ad valorem, not nil rate, as the condition of not availing credit on inputs used in the tubings' manufacture was violated. Additionally, the Revenue argued that the tubings were not declared as inputs for the covers' production.

Upon review, it was found that the appellants followed two routes for clearing protective covers/tarpaulins, involving different duty payment and credit availing processes. The Central Board of Excise and Customs clarified that no further declaration was needed for tubings used in exempted products. As no Modvat credit was taken on inputs used in the tubings for covers cleared at nil rate, the Revenue's second objection was dismissed.

The Tribunal observed that the tubings were an intermediate product for the covers, and duty was paid on them when used in the covers' manufacture. Citing a Supreme Court decision and a similar case precedent, it was held that the appellants were entitled to the duty exemption under Notification 14/92 for protective covers/tarpaulins as per Sl. No. 21 of the notification.

Consequently, the duty demand and penalty were deemed unsustainable and set aside, leading to the allowance of the appeals.