2000 (8) TMI 431 - AT - Central Excise

Summary

Issues: Interpretation of Notification No. 162/86-C.E. dated 1-3-1986 regarding concessional rate of duty for saloon cars.

Analysis:
The case involved M/s Maruti Udyog Limited, engaged in manufacturing motor vehicles, claiming a concessional duty rate of 30% under Notification No. 162/86-C.E. dated 1-3-1986 for saloon cars. The dispute arose as the party did not produce a certificate for the second time by the State Transport Authority. The Adjudicating Authority confirmed the demand for a significant number of cars due to this reason. The Tribunal, in Order No. E/1311-1318/98-B, decided in favor of the assessee, stating that the department was unjustified in insisting on a second certificate for the concession. The Tribunal highlighted the conditions of the notification and emphasized that once the necessary certificate was produced, the department should not demand duty based on the same condition again. The Tribunal also clarified that the department could examine the genuineness of the certificate but not the truthfulness of the statement made in it. The department was not authorized to verify if the vehicles were being used as taxis at a later stage to demand duty.

The department filed an appeal before the Supreme Court, which, in its order dated 12th July 1999, dismissed the appeal while mentioning that the dismissal was without prejudice to any other remedy the appellant might have against the end users. Despite this, the Adjudicating Authority confirmed the demand for a smaller number of vehicles based on the same ground of not producing the certificate for the second time. The Tribunal noted that the issue had already been settled in the earlier order, where it was held that demanding a second certificate after verifying the original one was not justified. The Tribunal's decision was upheld by the Supreme Court. Considering the previous ruling and the circumstances, the Tribunal allowed the appeal, providing consequential relief to the party.