2013 (11) TMI 1133 - AT - Central Excise

Exemption Notification No. 6/2006 Waiver of pre-deposit Assessee relied upon W.P.I.L. Ltd. Vs. CCE 2005 (2) TMI 137 - SUPREME COURT OF INDIA Held that - There is no exemption notification available during the intervening period the decision of the Hon ble Supreme Court relied upon by the applicant would be looked into at the time of hearing of the appeal - the decision is in the context of captive consumption Assessee directed to deposit Rupees two lakhs as pre-deposit upon such submission rest of the duty to be waived till the disposal Partial stay granted.

Summary

Issues:
- Interpretation of exemption notification under Notification No. 6/2006-CE dated 1.3.2006 and its subsequent amendment under Notification No.12/2010-CE dated 27.2.2010.
- Applicability of duty demand, interest, and penalty for the intervening period between the two notifications.
- Relevance of the decision in the case of W.P.I.L. Ltd. Vs. CCE - 2005 (181) ELT 359 (SC) in determining duty liability during the intervening period.

Interpretation of Exemption Notification:
The judgment revolves around the interpretation of the exemption notification provided under Sl. No. 10 of Notification No. 6/2006-CE dated 1.3.2006 concerning a manufacturer of tea processing machinery. The notification was subsequently amended by Notification No.12/2010-CE dated 27.2.2010. The issue at hand is the impact of this amendment on the exemption availed by the applicant.

Applicability of Duty Demand:
The central issue pertains to the demand of duty amounting to Rs.5,44,260/-, along with interest and penalty, for the intervening period between the two notifications. The applicant claimed exemption under the initial notification, which was no longer available post the amendment. The contention arises regarding the duty liability during this transitional phase.

Relevance of Judicial Precedent:
The judgment delves into the relevance of a significant judicial precedent, specifically the decision of the Hon'ble Supreme Court in the case of W.P.I.L. Ltd. Vs. CCE - 2005 (181) ELT 359 (SC). The applicant relied on this decision to argue against the duty demand for the intervening period. The court acknowledges the applicant's reliance on this precedent but emphasizes the need for further examination during the appeal hearing.

Decision and Directions:
The tribunal, after considering the arguments from both sides, acknowledges the absence of an exemption notification during the intervening period. While recognizing the applicant's reference to the Supreme Court decision, the tribunal directs the applicant to deposit Rs.2,00,000/- within eight weeks. Upon compliance with this directive, the pre-deposit of the remaining duty, interest, and penalty would be waived, and the recovery thereof stayed during the appeal proceedings.

Conclusion:
The judgment provides clarity on the interpretation of exemption notifications, duty liability during transitional phases, and the significance of judicial precedents in determining tax obligations. It underscores the importance of compliance with directives and the need for a thorough examination of legal arguments during the appeal process.