2005 (2) TMI 561 - AT - Central Excise

Summary

Issues:
Claim of small scale exemption for goods cleared during a specific period. Denial of exemption by lower authorities. Availing of exemption by the appellant in the preceding financial year. Requirement of Central Excise license for exemption. Interpretation of remand order. Correctness of exemption availed of by the appellant.

Analysis:

1. The dispute in this case revolved around the appellant's claim for small scale exemption for goods cleared during a specific period. The Tribunal noted that the requirement for a permanent Small Scale Industries registration certificate would not arise if the appellant had been availing of the exemption under the relevant notification during the preceding financial year. The Tribunal remanded the case to determine whether the appellant had indeed availed of the exemption and whether it would be available during the impugned period.

2. The appellant contended that it had been availing of the small scale exemption from the beginning and had obtained a Central Excise license. The appellant argued that since it had been availing of the exemption in the preceding financial year, the correctness of the exemption already availed of should not be questioned in the present proceedings. The lower authorities confirmed the duty demand, but the appellant maintained that the exemption had not been disturbed previously.

3. On the contrary, the learned SDR argued that the exemption was rightly denied as the appellant had not obtained a Central Excise license before availing of the exemption. Citing a judgment, the SDR emphasized that exemption is not available in the absence of a Central Excise license.

4. The impugned order focused on determining whether the appellant had availed of the benefit of the exemption under the relevant notification. The appellant's contention that the exemption had not been disturbed previously was supported by various judgments. However, the exemption was denied on the grounds that the appellant had not obtained a Central Excise license, a requirement for availing of small scale exemptions.

5. The finding that the appellant had not availed of the small scale exemption due to the absence of a Central Excise license was deemed beyond the scope of the show cause notices and the remand order. The appellant had availed of the exemption for clearances without any demand being raised, and the penalty imposed did not disturb the exemption. Therefore, questioning the correctness of the exemption at a later stage was considered improper and not within the scope of the proceedings.

6. Consequently, the appeal succeeded, and the impugned order was set aside. The appellant was entitled to consequential relief, if any.

7. A miscellaneous application pointing out an error in confirming a duty amount in excess of the proposed amount in the Show Cause Notice did not survive as the appeal was allowed in full.