2024 (9) TMI 834 - AT - Central Excise

Applicability of Exemption N/N. 167/71-CE dated 11th September 1971 on prototypes of equipment and machinery used in the pharmaceutical industry - products cleared between November 2008 and March 2015 - HELD THAT - The notification is a relic of antiquity when the process of clearance was vastly different and central excise officers could have had greater oversight of manufacture/clearance. The altered paradigm of clearances during the period of dispute, insofar as practice was concerned, and the absence of any stipulations in the changed circumstances, insofar as enforceability was concerned, was not considered by the adjudicating authority. It is moot if the exemption intended by the notification can be denied on speculative premises without requiring, let alone prescribing, certification, maintenance of records or inspection of premises for each clearance. These were not sought for at any stage; nor does the impugned order demonstrate the nature and characteristics of each impugned clearance. The findings are, thus, inadequate for disposal of the allegations in the notice. Matter back to the original authority for a fresh decision that denies the benefit of exemption notification on clear finding of non-compliance with the conditions expressly contained therein - impugned order set aside.

Summary

Issues:
Interpretation of exemption notification for excisable goods produced in a technical, educational, and research institution during training or research.
Eligibility of exemption for prototypes of equipment and machinery used in the pharmaceutical industry.
Applicability of strict interpretation of exemption notification.
Consideration of conditions stipulated in the exemption notification.
Dispute over the benefit of exemption for excisable goods produced by a research institute.

Analysis:

Issue 1: Interpretation of exemption notification
The case involved appeals by M/s Scitech Centre regarding the exemption of excisable goods produced during technical training or research. The controversy centered around the interpretation of notification no. 167/71-CE dated 11th September 1971 exempting such goods from excise duty, subject to certain conditions. The tribunal noted the evolution of tax policies, changes in procedures, and the need for central excise authorities to ensure compliance with the exemption conditions.

Issue 2: Eligibility of exemption for prototypes
The impugned goods in question were prototypes of equipment and machinery used in the pharmaceutical industry, sometimes upgraded and transferred to sponsors of M/s Scitech Centre. The central excise authorities held the exemption availed on these products between November 2008 and March 2015 as ineligible, leading to substantial recovery amounts and penalties. The tribunal examined whether the supplies to "group companies" made M/s Scitech Centre an "in-house" research and development organization, thereby affecting the eligibility for exemption.

Issue 3: Applicability of strict interpretation
The appellant argued that their registration as a research institute should entitle them to exemption benefits. Citing legal precedents emphasizing strict interpretation of exemption notifications and the intent of beneficial exemptions, the appellant contended that the exemption should not be expanded beyond the stipulated conditions. The tribunal considered various Supreme Court decisions and tribunal rulings to assess the applicability of the exemption in the current scenario.

Issue 4: Consideration of stipulated conditions
The tribunal analyzed the requirements of the exemption notification, which mandated satisfaction of designated officials, certification if necessary, record maintenance, and premises inspection. It questioned whether the altered clearance practices and lack of specific stipulations in changed circumstances were adequately considered by the adjudicating authority. The tribunal highlighted the need for a clear finding of non-compliance with the conditions expressly stated in the notification for denying the benefit of exemption.

Issue 5: Dispute over benefit of exemption
Given the inadequate findings in the impugned order and the speculative nature of denying the exemption, the tribunal set aside the order and remanded the matter for a fresh decision. The tribunal emphasized the necessity of a conclusive determination of non-compliance with the conditions outlined in the exemption notification to justify the denial of exemption benefits to M/s Scitech Centre.

This detailed analysis of the judgment highlights the key legal issues, arguments presented, and the tribunal's decision to remand the case for further consideration based on compliance with the exemption conditions.