1998 (8) TMI 313 - AT - Central Excise

Summary

Issues:
- Whether the benefit of notification is available if the procedure set out in Chapter X of the Central Excise Rules is not followed entirely.

Analysis:
The case involved a dispute regarding the availability of the benefit of Notification No. 81/75 exempting sulphuric acid from duty if the procedure set out in Chapter X of the Central Excise Rules was not entirely followed. M/s. Mahadeo Fertilizers had removed consignments of sulphuric acid to another company on payment of duty and later claimed a refund. The Assistant Commissioner rejected the refund claim, stating that the procedure under Chapter X was a legal requirement. On appeal, the Commissioner (Appeals) remanded the matter, but upon readjudication, the refund claim was again rejected. The Commissioner (Appeals) upheld the rejection, emphasizing that the duty was paid in the normal course as the required certificate was not presented. The Appellants argued that they had complied with most formalities, including holding a license, executing a bond, and obtaining certificates, except for one certificate due to unforeseen circumstances related to the Ayodhya Babri Temple issue.

The Appellants contended that the Commissioner (Appeals) had already ruled in their favor regarding procedural aspects and that they had submitted evidence showing that the duty incidence was not passed on to the consumer. The Department argued that the benefit of the Notification was not available due to the missing certificate. The Tribunal noted that the Appellants had substantially complied with Chapter X procedures, and previous decisions supported granting the benefit of notification even if certain procedural aspects were not strictly followed. The Tribunal cited cases where substantial compliance was deemed sufficient and emphasized that as long as essential requirements were met, the benefit should not be denied. Referring to a Supreme Court decision, the Tribunal held that exemption or concession should be granted based on the intended use of the material. Consequently, the impugned order was set aside, and the appeal was allowed with consequential relief.