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of <h1>Supreme Court denies duty exemption for lack of evidence on goods use in manufacturing paints</h1> <h3>COLLECTOR OF C. EX., BOMBAY Versus SHALIMAR CHEMICAL INDUSTRIES PVT. LTD.</h3> COLLECTOR OF C. EX., BOMBAY Versus SHALIMAR CHEMICAL INDUSTRIES PVT. LTD. - 2001 (127) E.L.T. 647 (S.C.) Issues:Challenge to CEGAT judgment on exemption notification dated 1st March, 1984 for goods manufacture.Analysis:The appeal challenged the Customs, Excise and Gold (Control) Appellate Tribunal (CEGAT) judgment granting the respondent exemption under a notification dated 1st March, 1984 for manufacturing goods. The respondent did not manufacture Benzene, Toluene, and Xylene but produced them as per Central Excise Rules. The notification reduced duty rates subject to specified conditions, including intended use. The respondent failed to produce a User Certificate showing the intended use for paints, varnishes, etc. The Tribunal held that the respondent, having obtained a license for manufacturing solvents based on Benzene and Toluene, was entitled to the exemption without the end-use certificate. However, the Supreme Court disagreed, stating that the officer needed to be satisfied that the goods were actually used for the intended purpose specified in the notification. Since the respondent failed to prove the actual use of Benzene, Toluene, etc., in manufacturing paints, varnishes, etc., the relief under the notification was denied. The appeal was allowed, setting aside the CEGAT judgment.This case highlights the importance of satisfying the conditions specified in exemption notifications for duty reduction. The Court emphasized the need to prove actual use of goods for the intended purpose to claim exemption benefits. The respondent's failure to provide evidence of Benzene, Toluene, etc., being used in manufacturing paints, varnishes, etc., led to the denial of relief under the notification. The judgment underscores the significance of adhering to the requirements laid down in exemption notifications to avail of duty benefits.
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