2002 (11) TMI 636 - AT - Central Excise

Appellate Tribunal rules excise duty payment essential for exemption eligibility under amended notifications.

The Appellate Tribunal CEGAT, Mumbai dismissed the appeal, ruling that the appellant was not eligible for exemption under Notification 46/87 as amended by ... Cotton yarn, subjected to beaming, warping, etc. Issues:Eligibility for exemption under Notification 46/87 as amended by Notification 71/94 for cotton yarn subjected to specified processes.Detailed Analysis:1. Eligibility for Exemption:The main issue in this appeal before the Appellate Tribunal CEGAT, Mumbai was the eligibility of the appellant for the benefit of the exemption contained in Notification 46/87 as amended by Notification 71/94 for the cotton yarn manufactured and subjected to certain processes. The notification exempts cotton yarn and cellulosic spun yarn from duty if certain conditions are met, including the payment of appropriate excise duty under specific headings. The appellant, in this case, did not pay duty on the cotton yarn when spun but paid duty on the fabric containing the yarn after subjecting it to processes like beaming and warping.2. Interpretation of Notification and Rules:The Assistant Commissioner initially dropped the demand for denying the exemption, stating that the value of fabrics on which duty was paid included the costs of processes on the yarn. However, the Commissioner (Appeals) reversed this decision, holding that the exemption was not available. The appellant contended that the term 'the appropriate duty of excise' in the notification means duty that has been contracted to be paid, citing relevant Tribunal decisions and the interpretation of Rule 49A.3. Legal Precedents and Supreme Court Judgments:The appellant relied on Tribunal decisions based on the Supreme Court judgment in N.B. Sanjana v. The Elphinstone Spinning and Weaving Mills, which interpreted 'actually paid' to mean duty 'ought to have been paid.' Additionally, the Supreme Court's decision in CCE v. Usha Martin Industries clarified that the benefit of exemption cannot be denied if the goods were manufactured from other goods on which appropriate excise duty had already been paid. The Supreme Court's ruling in CCE v. Dhiren Chemical Industries emphasized that the correct amount of excise duty must be paid to avail of exemption benefits.4. Decision and Rationale:The Tribunal rejected the appellant's argument, stating that the notification indeed requires the yarn subjected to processes to have paid duty at the appropriate rate, which was not done in this case. The Commissioner (Appeals) highlighted the department's stand that the exemption is available only to mills not utilizing Rule 49A. Despite the availability of duty deferment under Rule 49A for yarn consumed by a weaving mill, the Tribunal upheld the Commissioner's decision based on the Supreme Court's precedent, emphasizing the necessity of paying the correct excise duty to claim exemption benefits.5. Final Verdict:Consequently, the Tribunal dismissed the appeal, affirming the decision that the appellant was not eligible for the exemption under the notification due to non-payment of the appropriate excise duty on the yarn subjected to processes. The Tribunal's decision was based on the interpretation of legal provisions, relevant precedents, and the specific requirements outlined in the notification, ultimately upholding the principle that correct excise duty payment is essential for claiming exemption benefits.This detailed analysis of the judgment provides a comprehensive overview of the issues, legal interpretations, precedents, and the final decision rendered by the Appellate Tribunal CEGAT, Mumbai regarding the eligibility for exemption under the relevant notification.