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Supreme Court of India

COMMNR. OF CENTRAL EXCISE, JAIPUR vs M/S. MEWAR BARTAN NIRMAN UDYOG on 30 September, 2008

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C.A. No.-003269-003269 - 2003Official PDFBench Sarosh Homi Kapadia, Buchireddy Sudershan ReddyAdvocates B. V. BALARAM DAS
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO.3269 OF 2003
Commissioner of Central Excise, Jaipur ...Appellant(s)
Versus
M/s. Mewar Bartan Nirmal Udyog ...Respondent(s)
W I T H
CIVIL APPEAL NOS.1269/2005, 3688/2005, 3636/2006, 1477/2007, 2725/2007,
383/2008 AND CIVIL APPEAL NO.5988/2008
(Arising out of SLP(C) No.6398/2007)
O R D E R

In C.A.No.3269/2003:

The short controversy which arises for determination in this Civil Appeal

is: Whether the respondent-assessee was entitled to claim benefit of exemption

Notification No.3/2001-CE, dated 1.3.2001?

The assessee claims exemption under S.No.200 of the said Notification

which claim was denied by the Department on the ground that trimmed or

untrimmed circles of brass cannot fall under S.No.200 but they fall under S.No.201

where rate of duty is Rs.3500 PMT. It may be stated that if the product in question

falls under S.No.200, then the rate of duty is nil. This is the narrow controversy in

the present case.

To resolve this dispute, we quote hereinbelow relevant extract of

Notification No.3/2001-CE, dated 1.3.2001.

S.No. Chapter or Description of goods Rate under Rate under Condition No.

heading No. the First the Second

or sub- Schedule Schedule

heading No.

200 74.09 All goods other than Nil - 32

trimmed or untrimmed

If such goods are not sheets of circles of copper,

produced or intended for use in the

manufactured by a manufacture of utensils or

manufacturer who handicrafts

manufactures copper

from copper ore or

copper concentrate. 201 74.09 Trimmed or untrimmed Rs.3500 - 33

sheets of circles of copper, per metric

If,- intended for use in the tonne

manufacture of (a) no credit of duty

handicrafts or utensils paid on inputs under

rule 57AB or rule

57AK of the Central

Excise Rules, 1944

has been taken;

(b) the entire amount

of duty is paid in

cash or through

account-current; and

(c) such goods are

not produced or

manufactured by a

manufacturer who

manufactures copper

from copper ore or

copper concentrate:

Provided that the

duty shall not be

payable by a

manufacturer who

manufactures

trimmed sheets or

circles from duty

paid untrimmed

sheets or circles.

In this case it is not disputed by the Department before the Tribunal that

the circles manufactured by the assessee are from brass. According to the

Department, brass is an alloy of copper/zinc and, consequently, trimmed or

untrimmed circles of brass used in the manufacture of utensils would also fall in the

Entry at S.No.201 of the Notification and, therefore, the assessee was liable to pay

duty on such goods at the rate of Rs.3500 PMT. We find no infirmity in the

impugned order of the Tribunal. On comparing the two Entries, it is clear that if the

goods in question are goods other than trimmed or untrimmed circles of copper,

intended for use in the manufacture of utensils, then what is attracted is the nil rate

of duty under Entry at S.No.200. In this case, we are concerned with interpretation

of Entries in the Notification. The exemption Notification covers goods which

squarely falls under Chapter Heading 74.09. In fact, both S.No.200 and S.No.201 of

the Notification deal with Chapter Heading 74.09. However, while giving exemption,

a dichotomy is created between trimmed/untrimmed sheets of copper which attracts

duty at the rate of Rs.3500 PMT on one hand and, on the other, all goods other than

trimmed/untrimmed circles of copper intended for use in the manufacture of utensils

which attract nil rate of duty. In this case, circles manufactured by the assessee are

made from brass. Therefore, in our view, S.No.200 would apply and the assessee

would be entitled to claim nil rate of duty under the said Notification.

We may also point out at this stage that it is well settled position in law that

exemption Notification has to be read strictly. A notification of exemption has to be

interpreted in terms of its language. Where the language is plain and clear, effect

must be given to it. While interpreting the exemption notification, one cannot go by

rules of interpretation applicable to cases of classification under the Tariff. Tariff

items in certain cases are required to be interpreted in cases of classification disputes

in terms of HSN, which is the basis of the Tariff. In this case, we are not concerned

with interpretation of Tariff. In fact, as stated above, the product in question falls

under Chapter Heading 74.09. It is the dichotomy which is introduced by the

exemption Notification which needs to be interpreted. Items made from copper

attract duty at the rate of Rs.3500 PMT whereas circles made from brass attract nil

rate of duty. As stated above, in this case, the Department has not disputed the fact

that the circles were manufactured by the assessee from brass. This is expressly

recorded in the findings given by the Tribunal.

In the circumstances, we find no infirmity in the impugned decision.

Consequently, the Civil Appeal filed by the Department stands dismissed, with no

order as to costs.

In C.A.Nos.1269/2005,3688/2005,3636/2006,1477/2007,2725/2007, 383/2008 and S.L.P. (C) No.6398/2007:

Leave granted in S.L.P.(C) No.6398/2007.

Delay condoned in C.A.No.3636/2006.

In view of the order passed today in C.A.No.3269/2003, these appeals are

dismissed, with no order as to costs.

New Delhi, September 30, 2008.