2000 (3) TMI 321 - AT - Central Excise

Summary

Issues:
Revenue's appeal against dropping of duty demand by Commissioner based on Notification No. 90/94-C.E. for woollen yarn cleared in plain reel hanks.

Analysis:
The appeals by the Revenue were filed against the dropping of duty demand by the Commissioner, who accepted the defense of the respondents based on Trade Notices and Notification No. 90/94-C.E. The respondents contended that they were entitled to the benefit of the notification prescribing nil rate of duty for woollen yarn cleared in plain reel hanks. The Commissioner concluded that the demand in the show cause notices was not sustainable in law and absolved the respondents of the duty liability.

The main argument by the Revenue was based on the duty liability at the single stage yarn manufacturing process as a fully manufactured excisable product. However, the respondents argued that duty liability arises only upon removal of goods as per Rule 9 and 49 of the Central Excise Rules. The Commissioner observed that there was no removal of the woollen yarn at the single yarn stage by the respondents, thus no duty liability existed at that stage.

The Trade Notices issued by the Commissionerate clarified the duty liability at different stages of yarn manufacturing, and the respondents complied with these notices by removing the yarn in the form of plain reel hanks. The Commissioner rightly relied on these Trade Notices and the exemption Notification to absolve the respondents of duty demand.

Additionally, the legal principle of uniform application of circulars and notifications was highlighted, emphasizing that the Revenue cannot deviate from the guidelines set in such documents. The Commissioner's decision was supported by the fact that similar cases were treated similarly by the Revenue department, dropping duty demands against other manufacturers in similar circumstances.

In conclusion, the Tribunal dismissed the Revenue's appeals, affirming the validity of the Commissioner's order. The decision was based on the proper application of Trade Notices, Notification No. 90/94-C.E., and the consistent treatment of similar cases, ensuring fair and uniform administration of the law.