2015 (2) TMI 227 - AT - Central Excise

Exemption from payment of duty under Notification No.67/95-CE dated 16.03.1995 - entire quantity of TMT Bars/Rods had been used in the factory premises for laying down the foundation/structural - Held that - Prima facie, on going through the said Certificate, we find that it is vague and definitely difficult to verify the use of such TMT Bars/Rods in the respective plant, machinery, structural etc.., consequently, resulted in confirmation of the demand. Now, before this Tribunal, the Appellant had placed a Chartered Engineer s Certificate dated 17.06.2010, furnishing the use of such TMT Bars/Rods in the respective plant and machinery. We find that since this Chartered Engineer s Certificate was earlier not placed before the ld. Adjudicating Authority, hence, the same could not be verified by the Department. In the interest of justice, therefore, the contents of the Certificate and the claim of the Appellant, need to be verified vis-a-vis the allegations in the Demand Notice. Thus, the matter needs to be remanded to the ld. Commissioner for necessary verification of the said Certificate - Pre deposit ordered - Matter remanded back - Decided in favour of assessee.

Summary

Issues involved:
Seeking waiver of predeposit of duty and penalty under Section 11AC of the Central Excise Act, 1944 based on the denial of exemption under Notification No.67/95-CE dated 16.03.1995 for the captive use/clearance of TMT Bars/Rods used in the fabrication of plant and machinery.

Detailed Analysis:

Issue 1: Waiver of predeposit of duty and penalty
The petitioner sought the waiver of predeposit of duty amounting to Rs. 1,44,75,868/- and an equal penalty under Section 11AC of the Central Excise Act, 1944. The contention was based on the denial of exemption under Notification No.67/95-CE dated 16.03.1995 for the captive use/clearance of TMT Bars/Rods used in the fabrication of plant and machinery. The petitioner argued that a significant portion of the manufactured TMT Bars/Rods were indeed used in the fabrication/manufacture of capital goods, supported by a Chartered Engineer's Certificate. However, the initial certificate did not provide a detailed breakdown of the quantity used in different machinery, leading to the denial of the exemption. Subsequently, a more detailed certificate was submitted for consideration. The tribunal acknowledged the need for verification of this new certificate and directed the petitioner to deposit an additional Rs. 5.00 lakh within eight weeks for further adjudication by the Commissioner.

Issue 2: Denial of exemption under Notification No.67/95-CE
The Department denied the benefit of exemption to the petitioner, asserting that the TMT Bars/Rods were solely used for laying down foundations/structurals, not meeting the definition of capital goods. The initial Chartered Engineer's Certificate lacked specificity in detailing the usage of TMT Bars/Rods in different machinery, leading to a lack of clarity in verifying the claim. The tribunal recognized the need for a more precise breakdown of usage, which was provided in a subsequent certificate. The case was remanded to the Commissioner for a thorough examination of the new certificate and all relevant evidence, ensuring a fair opportunity for the petitioner to present their case.

Conclusion:
The tribunal allowed the appeal by way of remand, emphasizing the importance of verifying the updated Chartered Engineer's Certificate provided by the petitioner. The directive to deposit an additional sum for further consideration by the Commissioner signified the tribunal's commitment to a comprehensive review of the evidence presented. The decision highlighted the significance of detailed documentation in claiming exemptions under relevant notifications and the necessity for a fair and thorough adjudication process.