2003 (5) TMI 413 - AT - Central Excise

Dispute over Central Excise duty exemption eligibility for goods cleared to DTA

The appeal involved a dispute over Central Excise duty amounting to Rs. 57,14,782/- confirmed by the Commissioner against M/s. Maral Overseas Ltd. The ... Export oriented undertakings - Remand Issues Involved:1. Interpretation of Notification No. 8/97-C.E. regarding Central Excise duty exemption for goods manufactured using indigenously procured materials.2. Assessment of duty liability under Notification No. 2/95-C.E. for 100% Export Oriented Undertakings (EOUs) prior to its amendment in September 1999.3. Determination of duty payable for goods cleared to Domestic Tariff Area (DTA) under various notifications.4. Examination of the eligibility for duty exemption under Notification No. 8/97-C.E. for different types of goods cleared to DTA.5. Consideration of documentation and permissions for goods procured under CT-3 certificates.6. Assessment of duty liability for rejected garments cleared to buyers.7. Evaluation of the duty liability for dyed yarn procured from DTA under CT-3 certificates.8. Review of the Commissioner's findings on knitted fabrics, unwaxed yarn, and returned goods.Analysis:1. The appeal involved a dispute over the Central Excise duty amounting to Rs. 57,14,782/- confirmed by the Commissioner against M/s. Maral Overseas Ltd. The issue centered around the eligibility of the appellant for the exemption under Notification No. 8/97-C.E. for goods cleared to the Domestic Tariff Area (DTA) using imported wax, which the Commissioner initially discharged but was later challenged by the Revenue.2. The crux of the matter revolved around the assessment of duty liability under Notification No. 2/95-C.E. for EOUs prior to its amendment in September 1999. The appellant contended that prior to the amendment, only 50% of the basic Customs duty was leviable for DTA clearances, citing the precedent set by the Larger Bench in the case of Fabworth (India) Ltd. v. CCE, Nagpur. The Tribunal upheld this argument, emphasizing that the retrospective effect of the amendment did not apply to the relevant period.3. Various aspects of duty liability for goods cleared to DTA under different notifications were scrutinized. The appellant's submissions regarding knitted fabrics, unwaxed yarn, and returned goods were not adequately addressed in the impugned order. The Tribunal remanded the matter to the Commissioner for further examination, highlighting the need for a comprehensive assessment of duty payable in these scenarios.4. The eligibility for duty exemption under Notification No. 8/97-C.E. was a key point of contention, especially concerning the usage of wax in yarn and the clearance of dyed yarn procured under CT-3 certificates. The Commissioner's findings were challenged, necessitating a reevaluation of the documentation and permissions related to these transactions.5. The issue of duty liability for rejected garments cleared to buyers was raised, with discrepancies noted in the reporting of duty payments by the Divisional Deputy Commissioner. The Tribunal emphasized the importance of providing all relevant reports to the appellant and directed a reassessment of duty in this regard.6. In conclusion, the Tribunal disposed of the appeal by remanding specific aspects for further examination by the Adjudicating Authority. The decision underscored the need for a thorough review of duty liabilities and compliance with the relevant notifications and legal provisions to ensure a fair and accurate assessment in the case.