2019 (5) TMI 44 - AT - Central Excise

Tribunal rules in favor of appellant on exemption notification for cement sales

The Tribunal ruled in favor of the appellant, holding that the benefit of the exemption notification was available for cement cleared to builders and ... Clearance of Cement to builders and other institutional/industrial consumers in bags of 50kg each - Sl. Nos. 1A and 1C of Notification No. 04/2006-CE dated 01.03.2006 as amended - HELD THAT:- On an identical issue in the case of PARASAKTI CEMENT INDUSTRIES LTD VERSUS CCCE & ST, GUNTUR, CCT, GUNTUR- GST [2019 (2) TMI 1095 - CESTAT HYDERABAD] this bench held that the benefit of exemption Notification No. 04/2006-CE as amended from time to time is available to the assessee in respect of clearances institutional buyers whether are not the cement is sold in individual bags. Appeal allowed - decided in favor of appellant. Issues Involved:Denial of concessional rate of duty on cement cleared to industrial/institutional consumers under Notification No. 04/2006-CE as amended.Analysis:The appeals were directed against Order-in-Original No. 08 & 09/2013 covering two show cause notices for different periods. The issue revolved around the denial of the concessional rate of duty on cement cleared to industrial/institutional consumers under the specific notifications. The appellant contested that they were eligible for the benefit under the notification for clearances made to various builders and construction companies. The appellant argued that the builders/contractors/developers they supplied goods to did not fall under the definition of institutional/industrial consumers according to the Department. The appellant also contended that the MRP was declared on the cement bags, although not mentioned in the invoice, and that there was no requirement to indicate RSP on the invoice as per the Legal Metrology Rules. The appellant further argued that the benefit of the notification was applicable for bulk clearances to industrial/institutional consumers, including the construction industry.Regarding the specific provisions of the notification, the appellant highlighted that the notification did not require the declaration of RSP on packages for bulk clearances meant for industrial/institutional consumers. The appellant referenced a previous case where the benefit of the notification was upheld for clearances to bulk users, irrespective of whether they were industries. The appellant also raised objections to the demand on grounds of limitation and contested the penalties imposed. The Departmental Representative reiterated the findings of the lower authority.After considering the arguments from both sides and reviewing the records, the Tribunal found that the issue at hand was whether the benefit of the exemption notification was available for cement cleared to builders and other institutional/industrial consumers. Citing a previous decision on a similar issue, the Tribunal upheld that the benefit of the exemption notification was available for clearances to institutional buyers, regardless of whether the cement was sold in individual bags. Consequently, the demands were set aside, and the interest and penalties were deemed not applicable. The impugned order was set aside, and the appeals were allowed.