1988 (1) TMI 219 - AT - Income Tax

Tribunal sets aside duty demands, emphasizes procedural oversight not warranting exemption deprivation

The Tribunal ruled in favor of the appellants, setting aside the Central Excise duty demands confirmed by lower authorities. The decision emphasized that ... Exemption not deniable even if not claimed in classification list Issues:- Central Excise duty demands confirmed against the appellants.- Exemption Notification No. 167/79-Central Excises and Chapter X procedure applicability.- Failure to claim exemption in the classification list.- Fairness in confirming demands on a new ground.Analysis:The case involved aggrieved appellants facing demands of Central Excise duty amounting to Rs. 4,200/- and Rs. 26,273/- confirmed by lower authorities. The issue revolved around the applicability of Exemption Notification No. 167/79-Central Excises and compliance with Chapter X procedure. The appellants cleared oil hydraulic pumps to specific entities under the authority of C.T. 2 certificates, a crucial part of the Chapter X procedure. Despite fulfilling the requirements of Chapter X, the demands were confirmed by the Assistant Collector, alleging non-observance of the procedure, without specifying any particular lapse. This led to a factual error in the Order-in-Original, as the appellants had indeed adhered to all essential aspects of Chapter X.The Collector (Appeals) acknowledged the appellants' compliance with Chapter X but upheld the duty demands on a new ground. It was contended that the appellants had not explicitly claimed the exemption in the classification list, emphasizing that exemption needed to be actively claimed and was not automatic. However, the Tribunal found this reasoning unfair, especially after the appellants had disproved the initial allegations. The Tribunal highlighted that the notification did not mandate pre-approval of exemption in the classification list for entitlement. The purpose of the classification list was primarily to pre-approve duty rates, which was not hindered in this case as goods were cleared based on valid C.T. 2 certificates after scrutiny by central excise authorities.Ultimately, the Tribunal ruled in favor of the appellants, setting aside the lower orders and providing consequential relief. It was determined that the appellants had not committed a significant lapse deserving deprivation of the admissible exemption. The Tribunal emphasized that any oversight was procedural and technical in nature, rather than substantial. The decision underscored the fulfillment of the essential purpose of pre-scrutiny through the issuance and acceptance of valid C.T. 2 certificates, ensuring compliance with the spirit of the Chapter X procedure.