2006 (3) TMI 454 - AT - Central Excise

Summary

Issues:
1. Denial of Small Scale Industries (SSI) exemption notification for exceeding clearances.
2. Claim of eligibility for SSI exemption based on goods manufactured by another entity.
3. Settlement under Kar Vivad Samadhan Scheme and its impact on SSI exemption eligibility.

Analysis:
1. The appellant appealed against the denial of SSI exemption due to clearances exceeding Rs. 3 crores in the previous financial year. The Commissioner (Appeals) upheld the denial, leading to the current appeal.

2. The appellant argued that in the preceding year, goods were manufactured by another entity on their behalf, and hence, should not be considered in their clearances. However, it was revealed that a Show-cause Notice was issued demanding duty from the appellant as the real manufacturer, not the other entity. The appellant settled the dispute under the Kar Vivad Samadhan Scheme by depositing 50% of the demand, acknowledging the goods were manufactured on their behalf in the relevant year.

3. The Tribunal noted the appellant's admission of the Show-cause Notice and subsequent settlement under the KVS Scheme. As the appellant was treated as the manufacturer for the goods produced on their behalf in the previous year, the denial of SSI exemption for the subsequent year was deemed appropriate. The Tribunal found no fault in the impugned order and dismissed the appeal, affirming the denial of SSI exemption due to exceeding clearances in the relevant period.