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2000 (1) TMI 187 - AT - Central Excise
Issues involved: Whether the benefit of Notification No. 108/95-C.E. was available to the Folic Acid and Ferrous Sulphate cleared by M/s. Nestor Pharmaceuticals Ltd.
Summary: The appeal filed by M/s. Nestor Pharmaceuticals Ltd. questioned the denial of exemption under Notification No. 108/95 for Folic Acid and Ferrous Sulphate cleared by them. The Assistant Commissioner and Commissioner (Appeals) upheld the denial, citing lack of submission of a required certificate. However, the Appellants argued that the project was financed by the World Bank, fulfilling all conditions of the notification. The Appellants contended that the World Bank provided funding for the project under a loan agreement with the Government of India, and RITES was involved in procurement. They presented letters from the World Bank indicating approval and funding for the project, asserting that these letters served as the required certificate specified in the Notification. The Commissioner (Appeals) upheld the denial of exemption, stating that the goods supplied were not Drug kit A as required by the notification and that the cost of the project should be borne by the International Organisation. However, the Appellants argued that the project was indeed financed by the World Bank, meeting the criteria of the notification. The Tribunal analyzed Notification No. 108/95-C.E. and found that the Appellants had fulfilled the conditions by showing that the project was financed by an International Organisation, as evidenced by the World Bank's letters. It was noted that no prescribed proforma for the certificate existed in the Notification. The Tribunal agreed with the Appellants that the Commissioner (Appeals) had exceeded the scope of the show cause notice in denying them the benefit of the notification. Consequently, the appeal filed by the Appellants was allowed. In conclusion, the Tribunal ruled in favor of M/s. Nestor Pharmaceuticals Ltd., emphasizing that the project was indeed financed by an International Organisation, meeting the requirements of Notification No. 108/95-C.E.
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