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2017 (6) TMI 811 - AT - Central ExciseSSI exemption - benefit of N/N. 108/95-CE dated 28/08/1995 - denial on the ground that the machineries have not been supplied to the Project Implementing Authority but to the contractors only - Held that - similar issue decided in the case of M/s JCB India Ltd. Versus CCE, Delhi-IV 2017 (1) TMI 1227 - CESTAT CHANDIGARH , where it was held that Merely, on the ground that the goods have been supplied to the contractor directly who has executed the project in question and after the implementation of the products the machine shall remain with the property of the contractor cannot be reasons to deny the benefit of notification - the appellant has correctly taken the benefit of exemption N/N. 108/95-CE dated 28.08.1995 - appeal allowed - decided in favor of appellant.
Issues:
Appeal against denial of benefit of Exemption Notification No.108/95-CE dated 28/08/1995. Analysis: Issue 1: Denial of Benefit of Exemption Notification The appellant appealed against the denial of the benefit of Exemption Notification No.108/95-CE dated 28/08/1995. The appellant had cleared machines to contractors for projects financed by the Asian Development Bank. However, it was found during an audit that the machines were not supplied to the Project Implementing Authority but remained with the contractors after project completion. Consequently, a show cause notice was issued to deny the benefit of the exemption notification, demand duty with interest, and impose a penalty. The adjudicating authority confirmed the duty demand, interest, and penalty, stating that since the goods were not supplied to the Project Implementing Authority, the appellant was not entitled to the exemption. Issue 2: Tribunal's Previous Decision The appellant's counsel referred to a previous Final Order where the Tribunal had held that the appellant was entitled to the benefit of the same Exemption Notification No.108/95-CE dated 28/08/1995. The Tribunal, in the earlier case, had emphasized that if the goods were supplied to projects financed by international organizations and approved by the Government of India, the appellant was entitled to the exemption. The Tribunal highlighted that the conditions of the notification were satisfied, including the production of necessary certificates from the Project Implementing Authority. The Tribunal also cited precedents to support the appellant's entitlement to the exemption despite the goods remaining with contractors after project completion. Issue 3: Tribunal's Decision in the Current Case In the current case, the Tribunal reiterated its earlier stance and held that the appellant had correctly availed the benefit of the Exemption Notification No.108/95-CE dated 28/08/1995. The Tribunal emphasized that the conditions of the notification were met, and there was no justification to introduce additional conditions or interpret the notification restrictively. The Tribunal also noted that the Adjudicating Authority had erred in relying on a subsequent notification that was not applicable to the appellant's case. Therefore, the Tribunal set aside the impugned order, allowing the appeal with consequential relief. In conclusion, the Tribunal upheld the appellant's entitlement to the exemption under Notification No.108/95-CE, emphasizing the fulfillment of conditions and rejecting the Revenue's appeal. The judgment highlighted the importance of adhering to the specific criteria outlined in exemption notifications and the need to interpret them in a manner that upholds the intended benefits for the parties involved.
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