Just a moment...
Press 'Enter' to add multiple search terms. Rules for Better Search
Use comma for multiple locations.
---------------- For section wise search only -----------------
Accuracy Level ~ 90%
Press 'Enter' after typing page number.
Press 'Enter' after typing page number.
No Folders have been created
Are you sure you want to delete "My most important" ?
NOTE:
Press 'Enter' after typing page number.
Press 'Enter' after typing page number.
Don't have an account? Register Here
Press 'Enter' after typing page number.
Issues: Whether electric motors supplied to the Indian Navy were entitled to exemption under Notification No. 64/1995-CE when the Navy had issued the requisite certificate, notwithstanding the Revenue's objection that the goods had a long life and were not consumed within a short period.
Analysis: The notification granted exemption to goods supplied as ship stores to the Indian Navy subject to production of the Navy's invoice or certificate. The dispute had already been settled by earlier Tribunal decisions holding that goods supplied against a Navy certificate could not be denied the benefit merely because they were durable or had a long life. The Supreme Court had also observed that once an end-use certificate is issued by the Indian Navy, doubts entertained by the department cannot prevail. In light of that settled position, the Revenue's objection based on the nature and longevity of the goods was unsustainable.
Conclusion: The exemption was admissible and the Revenue's denial was rejected.
Ratio Decidendi: Where goods are supplied to the Indian Navy under a notification governing ship stores and the requisite end-use certificate is produced, exemption cannot be denied merely because the goods are durable or not consumed immediately.