2009 (4) TMI 749 - AT - Central Excise

Tribunal overturns order, exempts jute fabric from cess, citing Jute Manufactures Cess Act.

ROYAL TOUCH FABLON (P) LTD. Versus COMMISSIONER OF C. EX., KOLKATA-IV

The Tribunal set aside the impugned order and allowed the appeal, concluding that the demand for cess on the laminated jute fabrics and bags was not ... Cess on laminated jute fabrics and laminated jute bags Issues Involved:Interpretation of Jute Manufactures Cess Act, 1983 - Levy of cess on jute fabrics and laminated products - Applicability of exemption notifications and departmental clarifications.Analysis:The case involved a manufacturer of plastic articles purchasing jute fabrics and laminating them with plastic. The issue was the demand for cess on the laminated jute fabrics and bags made from them, despite cess already being paid on the jute fabrics. The appellants argued that the intention under the Cess Act was to charge cess only once, supported by a Trade Notice clarifying this and exemption notifications preventing double collection of cess.The counsel cited a Larger Bench decision and a previous case where the scheme of exemption was considered, emphasizing that once cess is paid, further demand is not justified. The Tribunal noted that the Larger Bench decision did not consider the exemption notifications under the Jute Manufactures Cess Act, 1983. The exemption notifications and departmental clarifications clearly indicated the intention to levy cess only once. Since cess was already paid on the jute fabrics, demanding cess on laminated products was deemed unjustified based on the Act's levy scheme and the exemptions and clarifications issued.Therefore, the Tribunal set aside the impugned order and allowed the appeal, concluding that the demand for cess on the laminated jute fabrics and bags was not justified in light of the exemption notifications and clarifications, which aimed to levy cess only once as per the Jute Manufactures Cess Act, 1983.