2000 (3) TMI 279 - AT - Central Excise

Summary

Issues:
Eligibility of benefit of notification for goods manufactured during a specific period.

Analysis:
The judgment revolves around the eligibility of the benefit of a notification for goods manufactured between April 1, 1992, and May 22, 1992. The Commissioner (Appeals) had denied the benefit to the appellants based on the interpretation of the relevant provisions. The first issue addressed was whether the appellants had availed of the benefit in the preceding financial year, which would affect their eligibility under the second proviso of the notification. It was noted that the appellants had not been registered as small-scale industrial undertakings as required by the notification. The appellant's representative argued that the clearances during the relevant period did not exceed the specified limit, but failed to provide evidence to support this claim. The Commissioner found that the appellants were not entitled to the benefit under the relevant clause of the proviso due to exceeding the clearance limit in the previous financial year.

Another issue raised by one of the appellants was regarding the availability of a different notification during the relevant period. The appellant claimed to have started manufacturing goods before the period in question and argued for the benefit of a previous notification. However, the lack of evidence supporting the appellant's claim led to the dismissal of this contention. Additionally, the appellant's argument about clearances in previous years and entitlement to a different notification was deemed irrelevant to the current case's eligibility assessment.

Lastly, a procedural contention was raised regarding the wording of the order under Section 35B of the Act. The appellant argued that the identical wording of the order in their case and another's rendered it null and void. The Tribunal rejected this argument, emphasizing that the similarity in wording or use of the same words in multiple orders does not invalidate the order itself. Consequently, the appeals were dismissed based on the findings and interpretations of the relevant provisions and notifications.

In conclusion, the judgment thoroughly analyzed the appellants' claims regarding the eligibility for the benefit of the notification based on the specific provisions and previous availment of similar notifications. The Tribunal's decision was based on the lack of evidence supporting the appellants' contentions and the strict interpretation of the notification's requirements, ultimately leading to the dismissal of the appeals.