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of <h1>Appeal allowed, order set aside, appellant to receive recovered amount. Key issues: Notification 234/86, Rule 57G, Section 5A.</h1> <h3>GLAXO INDIA LTD. Versus COMMISSIONER OF CENTRAL EXCISE, AHMEDABAD</h3> GLAXO INDIA LTD. Versus COMMISSIONER OF CENTRAL EXCISE, AHMEDABAD - 1999 (109) E.L.T. 211 (Tribunal) Issues:1. Interpretation of Notification 234/86 regarding exemption from duty on bulk drugs.2. Applicability of Rule 57G on availing Modvat credit for duty paid on inputs.3. Dispute over the option to pay duty or operate under the exemption.4. Consideration of conditional vs. unconditional exemption notifications.5. Analysis of Section 5A of the Act for conditional exemptions.6. Application of Rule 57C on credit of duty paid on inputs for exempted goods.7. Limitation period for demanding duty credit availed by the appellant.Detailed Analysis:1. The judgment revolves around the interpretation of Notification 234/86, which provided exemption from duty on bulk drugs subject to specific conditions. The notification required the manufacturer to produce a certificate from the Drugs Controller confirming the nature and usage of the goods as bulk drugs for medical purposes. The appellant failed to fulfill one of the conditions, leading to a dispute regarding the exemption's applicability.2. The appellant availed Modvat credit on duty paid for inputs used in manufacturing the exempted goods. The Department contended that since the finished products were exempted, the appellant was not entitled to claim credit on input duties. The dispute centered on the application of Rule 57G in this context.3. A key issue was the appellant's contention regarding the option to pay duty or operate under the exemption. The Assistant Collector initially accepted this argument, but the Collector (Appeals) disagreed, emphasizing that the exemption notification did not allow the appellant to pay duty voluntarily.4. The judgment delves into the distinction between conditional and unconditional exemption notifications. It highlights that conditional exemptions, like Notification 234/86, require specific conditions to be met for the exemption to apply, unlike unconditional exemptions where no such conditions exist.5. Section 5A of the Act was analyzed concerning conditional exemptions. The judgment clarified that conditional exemptions take effect only upon fulfilling specified conditions, unlike unconditional exemptions that apply immediately upon issuance.6. The application of Rule 57C on credit of duty paid on inputs for exempted goods was a crucial aspect of the dispute. The judgment emphasized that since the goods were not fully exempted due to unmet conditions, Rule 57C did not preclude the appellant from claiming credit on input duties.7. Lastly, the judgment addressed the limitation period for demanding duty credit availed by the appellant. It cited precedents and ruled that the demands made by the Department were barred by limitation for specific periods, providing relief to the appellant on this ground.In conclusion, the appeal was allowed, the impugned order was set aside, and the amount recovered from the appellant was directed to be returned in accordance with the judgment.
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