2002 (2) TMI 158 - AT - Central Excise

Tribunal denies exemption for wires and cables in windmills under Notification No. 205/88-C.E.

The Tribunal ruled in favor of the Revenue, denying the exemption to M/s. Skytone Electricals (India) for wires and cables under Notification No. ... Wires and Cables - Exemption Issues involved:Whether wires and cables manufactured by a company are exempt from Central Excise duty under a specific notification for being parts of windmills.Analysis:1. Issue of Exemption Eligibility:The main issue in this appeal was whether wires and cables, manufactured by M/s. Skytone Electricals (India), are exempted from Central Excise duty under Notification No. 205/88-C.E. The Revenue argued that the exemption does not apply as wires and cables are not specific to windmills and cannot be considered parts of windmills. They relied on previous decisions to support their stance, emphasizing that windmills are complete without electric cables. The Revenue also contested the reliance on IS specifications. On the other hand, the company argued that their suppliers specified the use of wires and cables as parts of windmills, making them eligible for the exemption. They highlighted that the notification exempts goods by description, not by specific tariff headings.2. Legal Precedents and Interpretation:The arguments presented by both sides were supported by legal precedents and interpretations. The Revenue cited cases where cables were not considered parts of windmills, while the company referenced a case where items like power cables were deemed eligible for exemption under a similar notification. The Tribunal analyzed the function of windmills and the role of wires and cables in transmitting energy. They noted that while wires and cables are essential for energy transmission, windmills can function independently without them. Relying on previous decisions, the Tribunal ruled in favor of the Revenue, denying the exemption to the company.3. Decision and Penalty Imposition:Ultimately, the Tribunal allowed the Revenue's appeal regarding the denial of the exemption under Notification No. 205/88. They concluded that wires and cables cannot be considered parts of windmills based on the function and independence of windmills. However, no penalty was imposed on the company considering the circumstances of the case. The appeal was disposed of with this decision, emphasizing the interpretation of the exemption notification and the function of wires and cables in relation to windmills.