1991 (1) TMI 265 - AT - Central Excise

Excise Duty Exemption Granted for Tooth Powder - Appellate Tribunal Decision

CHOICE LABORATORIES STATE HIGHWAY Versus COLLECTOR OF C. EX.

The Appellate Tribunal CEGAT, New Delhi, ruled in favor of the appellants, overturning the denial of excise duty exemption by the Collector of Central ... Value of clearances Issues:1. Denial of excise duty exemption based on exceeding value of clearances.2. Interpretation of Notification No. 140/83 and Notification No. 46/81.3. Eligibility criteria for excise duty exemption under the notifications.Analysis:The judgment by the Appellate Tribunal CEGAT, New Delhi, involved the denial of excise duty exemption to the appellants by the Collector of Central Excise (Appeals), Bombay, based on the grounds that the value of clearances of excisable goods exceeded Rs. 20 lakhs during the preceding year. The Assistant Collector of Central Excise had passed orders denying the exemption and demanding duty for clearances made during a specific period in 1985-86. The issue revolved around the eligibility criteria set forth in Notification No. 140/83 dated 5-6-1983, which exempted certain goods from excise duty based on specified conditions.The Tribunal analyzed Notification No. 46/81, which exempted goods from excise duty subject to the condition that they were not manufactured in a factory as defined in the Factories Act, 1948. This notification was superseded by Notification No. 17/85. The key contention was the interpretation of the eligibility criteria under Notification No. 140/83, which exempted cosmetics and toilet preparations based on specific value thresholds. The condition in question stated that the exemption would not apply if the aggregate value of clearances of excisable goods exceeded Rs. 20 lakhs in the preceding financial year.The Tribunal considered the Explanation II in the notification, which clarified the computation of aggregate clearances for the exemption. The dispute arose when the Assistant Collector included the value of Tooth Powder clearances, exempted under a different notification, in the calculation of aggregate value for the preceding year. The Tribunal held that this inclusion was incorrect as the earlier notification did not base the exemption on the value or quantity of clearances in any financial year. Therefore, the appellants were entitled to the benefit of Notification No. 140/83 for the financial year 1985-86.In conclusion, the Tribunal allowed the appeals, ruling in favor of the appellants and providing them with consequential relief. The judgment clarified the interpretation of the eligibility criteria for excise duty exemption under the relevant notifications and emphasized the importance of correctly applying the conditions specified in the notifications for determining eligibility.