2004 (9) TMI 217 - AT - Central Excise

CESTAT rules against exemption for steel structures under Central Excise Tariff

COMMISSIONER OF C. EX., PANCHKULA Versus SARASWATI SUGAR MILLS

The Appellate Tribunal CESTAT, NEW DELHI, ruled in favor of the Revenue in an appeal regarding the classification of steel structures under the Central ... Steel structures - Capital goods Issues: Classification of steel structures under Central Excise Tariff, eligibility for exemption under Notification No. 67/95-C.E., definition of capital goods under Rule 57AA of Central Excise Rules, 1944In this judgment by the Appellate Tribunal CESTAT, NEW DELHI, the Revenue appealed against an Order-in-Appeal allowing the benefit of Notification No. 67/95-C.E. for supporting structures of steel. The Revenue contended that steel structures fall under Chapter Heading 7308 of the Central Excise Tariff and are excluded from the definition of capital goods, making them ineligible for the exemption provided under the Notification. The Tribunal referred to a previous case where it was held that certain steel structures were not eligible for the Notification's benefit. On the other hand, the respondent argued that the steel structures were essential for installing sugar mill machinery, making them part of the plant and machinery and thus qualifying as capital goods under Rule 57AA of the Central Excise Rules, 1944. The Tribunal noted that the steel structures, classified under Chapter Heading 73, did not meet the definition of capital goods, and therefore, the exemption under Notification 67/95-CE was not applicable to them. As a result, the Tribunal set aside the impugned order and allowed the Revenue's appeal, emphasizing the importance of manufacturing capital goods in the factory to avail of the exemption.