2000 (2) TMI 453 - AT - Central Excise

Summary

Issues:
1. Interpretation of Notification No. 20/79 regarding exemption for generators.
2. Consideration of relevant case laws and trade notices in the decision-making process.
3. Maintainability of Review on Merit (ROM) applications post dismissal of appeal by the Supreme Court.

Analysis:

Issue 1: Interpretation of Notification No. 20/79 regarding exemption for generators
The appellants contended that the Tribunal erred in denying the benefit of Notification No. 20/79 to the assessee's product, arguing that generating sets should be considered as generators under the said Notification. They referenced the decision of the Madras High Court and a Tribunal judgment to support their claim. However, the Tribunal upheld its decision, emphasizing that generators and generating sets are distinct, and the Notification only covers generators. The Tribunal relied on relevant HSN and CCCN Explanatory notes to support its interpretation, stating that the appellants are not entitled to exemption under the Notification due to the nature of the manufactured products.

Issue 2: Consideration of relevant case laws and trade notices in the decision-making process
The appellants raised concerns about the Tribunal not considering certain case laws and a trade notice during the decision-making process. They argued that the Tribunal overlooked crucial evidence, such as a letter from M/s. Kirloskar and a trade notice from the Chandigarh Collectorate, which they believed supported their position. However, the Tribunal dismissed these arguments, stating that the decision was based on the CCCN and HSN Explanatory notes, which were deemed highly persuasive. The Tribunal highlighted that the Madras High Court judgment cited by the appellants was not applicable in this context, as it pertained to a different statute.

Issue 3: Maintainability of Review on Merit (ROM) applications post dismissal of appeal by the Supreme Court
The learned DR opposed the ROM applications, asserting that they were not maintainable since the Supreme Court had dismissed the appeal against the Tribunal's final order. The Tribunal concurred with this view, emphasizing that the dismissal by the Supreme Court confirmed the finality of the Tribunal's decision. The Tribunal clarified that the mere dismissal of an appeal in limine by the Supreme Court amounted to a decision on the merits in this case. Therefore, the ROM applications were rejected based on the lack of errors in the Tribunal's final order.

In conclusion, the Tribunal found no errors in its final order regarding the interpretation of Notification No. 20/79, consideration of relevant case laws and trade notices, and the maintainability of ROM applications post dismissal by the Supreme Court. The appeal was dismissed, affirming the Tribunal's original decision.