Strict construction of exemption notifications upheld, with relief on cement and hollow blocks, but suppression-based duty demand sustained.

An exemption notification must be applied strictly to its express terms, and a condition not stated in the notification cannot be added to deny relief; on that basis, cement produced with part of the clinker purchased from outside the factory remained eligible for Notification No. 24/91-C.E., and the hollow blocks manufactured at site for the compound wall were held exempt under Notification No. 59/90. The record nevertheless supported suppression of facts and clandestine removal through account discrepancies, employee statements, and allied records, so the duty demand on the remaining clearances and the extended period were upheld. A composite penalty imposed under Section 11AC read with Rule 173Q was unsustainable because the dispute period predated Section 11AC and the penalty was not properly apportioned, so the penalty was set aside.

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Issues: (i) Whether the benefit of Notification No. 24/91-C.E. could be denied on the ground that part of the clinker used was purchased from outside the factory; (ii) Whether the department had established suppression of facts and clandestine removal so as to sustain the duty demand and invocation of the extended period; (iii) Whether the hollow blocks manufactured for construction of the compound wall were chargeable to duty or eligible for exemption; and (iv) Whether the penalty imposed under Section 11AC read with Rule 173Q was sustainable.

Issue (i): Whether the benefit of Notification No. 24/91-C.E. could be denied on the ground that part of the clinker used was purchased from outside the factory.

Analysis: The notification exempted cement manufactured by a factory satisfying the stated conditions, and it did not expressly require that all clinker must be manufactured in the same factory. The applicable exemption had to be construed on the words used, and no additional condition could be read into it. The same issue had already been decided in the appellants' favour in their own case, and the departmental challenge had failed.

Conclusion: The benefit of Notification No. 24/91-C.E. was wrongly denied and the corresponding duty demand was not sustainable, in favour of the assessee.

Issue (ii): Whether the department had established suppression of facts and clandestine removal so as to sustain the duty demand and invocation of the extended period.

Analysis: The record showed discrepancies in clinker, limestone and coke breeze accounts, supported by statements of employees and allied records. The material also indicated diversion of cement and use of cement for other manufacture, and the explanation offered by the appellants was not accepted. In these circumstances, the department's case on suppression and clandestine removal was upheld, and the longer period of limitation was held correctly invoked.

Conclusion: The finding of suppression and clandestine removal was sustained, against the assessee.

Issue (iii): Whether the hollow blocks manufactured for construction of the compound wall were chargeable to duty or eligible for exemption.

Analysis: Notification No. 59/90 exempted lightweight solid or hollow concrete building blocks falling under the relevant tariff heading. The evidence showed that the hollow blocks were manufactured at site, and the Commissioner's contrary reasoning was not accepted. However, the diversion of cement for manufacture of the blocks remained established and was separately noticed in the duty computation.

Conclusion: The hollow blocks were held to be exempt from duty, in favour of the assessee.

Issue (iv): Whether the penalty imposed under Section 11AC read with Rule 173Q was sustainable.

Analysis: The period in dispute preceded the commencement of Section 11AC, and the penalty had been imposed in a combined form under Section 11AC and Rule 173Q without proper apportionment. On that basis, the penalty could not be sustained.

Conclusion: The entire penalty was set aside, in favour of the assessee.

Final Conclusion: The appeal succeeded in part by granting exemption relief on the disputed notification issue and on hollow blocks, and by setting aside the penalty, while sustaining the balance of the duty demand on the remaining suppressed clearances.

Ratio Decidendi: An exemption notification must be applied strictly according to its express terms, and a condition not stated in the notification cannot be implied to deny the exemption.

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