2006 (2) TMI 373 - AT - Central Excise

Summary

Issues:
1. Eligibility for exemption under Notification No. 14/02-C.E. and 15/02-C.E.
2. Interpretation of conditions for exemption under the notifications.
3. Applicability of appropriate duty of excise on grey fabrics and processed fabrics.
4. Consideration of new points not raised before lower authorities.

Eligibility for Exemption:
The appellant, engaged in manufacturing various fabrics and garments, claimed exemption under Notification No. 14/02-C.E. and 15/02-C.E. They contested the Commissioner's order, arguing they were entitled to concessions specified under the notifications. The Tribunal noted the appellant's readiness to pay duty at 12% despite believing they qualified for a Nil rate of duty.

Interpretation of Conditions for Exemption:
The Tribunal examined the conditions for exemption under the notifications, emphasizing the requirement of paying appropriate duty of excise on specified raw materials/inputs for processed textile fabrics. It referred to the second proviso, highlighting the conditions necessary for manufacturers engaged in processing fabrics and spinning yarn within the same factory to claim concessional rates.

Applicability of Duty of Excise:
The impugned order held that the benefit of notifications would not apply from a certain date due to non-payment of appropriate duty of excise on grey fabrics and processed fabrics. However, the Tribunal observed that the appellant had not previously raised arguments based on Explanation VII(ii) and the second proviso, which could potentially make them eligible for the concessional rate of 12%. Consequently, the matter was remanded to the adjudicating authority for a fresh examination considering these new points.

Consideration of New Points:
The Tribunal directed a reexamination of the case, emphasizing the need for the adjudicating authority to address the newly raised points regarding eligibility for concessional rates under the notifications. The decision was made to ensure compliance with the principles of natural justice and to allow the appellant an opportunity to present arguments based on the relevant provisions not previously considered by the lower authorities.