2010 (10) TMI 631 - AT - Central Excise

Extension of Exemption to Non-Job Workers Clearing Goods for Ministry of Defence

PSG & SONS’ CHARITIES METALLURGY & FOUNDRY DIVISON Versus COMMR. OF C. EX., COIMBATORE

The Tribunal extended the benefit of exemption under Notification No. 184/86-C.E. to the appellants who were not job workers and cleared goods to the ... Supplly of goods to the Ministry of Defence - Notification No. 70/92-C.E., dated 17-6-1992 - exemption denied on the ground that the appellants were not job workers as they had used their own raw materials to manufacture the goods in question. - Held that: the appellants herein are eligible to the benefit of exemption in terms of Notification No. 184/86-C.E.(Now 63/95-C.E., dated 16-3-1995). Issues:1. Denial of benefit of Notification No. 70/92-C.E. to the appellants.2. Denial of benefit of Notification No. 184/86-C.E. to the vendors of Public Sector Units.Analysis:1. The issue in this case revolved around the denial of the benefit of Notification No. 70/92-C.E. to the appellants who manufactured and cleared castings to M/s. Bharat Earth Movers Limited (BEML), which further supplied goods to the Ministry of Defence. The Deputy Commissioner confirmed a duty demand against the appellants, which was upheld by the Commissioner (Appeals). The appellants were accused of not being job workers as they used their own raw materials to manufacture the goods in question. However, the Tribunal, citing the case of Tata Electronic Development Services v. Commissioner of Central Excise, Bangalore, extended the benefit of exemption under Notification No. 184/86-C.E. to the appellants, who were not job workers and cleared the goods to the Ministry of Defence through BEML. The Tribunal held that the appellants were eligible for the exemption under Notification No. 63/95-C.E., dated 16-3-1995, based on the precedent set by the earlier case.2. The second issue involved the denial of the benefit of Notification No. 184/86-C.E. to vendors of Public Sector Units. The appellants in this case were denied this benefit by the authorities. However, the Tribunal, relying on the precedent set by the case of Tata Electronic Development Services, held that the appellants were eligible for the benefit of exemption under Notification No. 63/95-C.E., dated 16-3-1995. The Tribunal found that the appellants, although not job workers and having cleared the goods to the Ministry of Defence through BEML, were entitled to the exemption under the said notification. Consequently, the impugned order was set aside, and the appeal was allowed with consequential relief, following the precedent and legal provisions applicable to the case.