2008 (5) TMI 473 - AT - Central Excise

Registration - Separate registrations - Held that - the appellants were enjoying with separate registration for the last 10 to 15 years and it was in view of special facility given to the textile industries by N/N. 35/2001 that joint registration was subsequently given. When the assessee wants to withdraw out of that facility, we cannot find any justifiable reason in the objection raised by the revenue for reverting back to old system. As rightly pointed out by the appellate authority, it is anxiety on the part of the Deputy Commissioner to reject such request as the revenue accrual may have some bearing upon the same. If the law permits such separate registration, the above consideration is of no avail to the revenue, inasmuch as the respondent had three different registrations earlier also - appeal rejected - decided against Revenue.

Issues:
1. Grant of separate registrations to three different factories.
2. Reverting to old system of separate registration.
3. Interpretation of the term "factory" for excisable goods manufacturing.
4. Denial of separate registrations by the Deputy Commissioner based on revenue concerns.

Analysis:
1. The appeal was against the order granting separate registrations to three factories, two located close together and the third at a distance. The factories had separate registrations until the assessee requested a common registration to avail specific benefits. Later, they sought to revert to separate registrations to utilize different benefits under new notifications. The Commissioner (Appeals) accepted this request based on the distinct operational facilities of each factory and past separate registrations. The Tribunal upheld this decision, emphasizing the existence of separate registrations for years and rejecting revenue concerns as a valid reason for denial.

2. The Tribunal noted that the assessee had enjoyed separate registrations for years, and the common registration was obtained for specific benefits. When the assessee wished to withdraw from the common registration, the revenue's objection based on potential revenue loss was deemed unjustified. The Deputy Commissioner's concern about revenue implications was dismissed as irrelevant if the law allowed separate registrations, especially since the factories had operated with separate registrations previously. The Tribunal found no merit in denying the assessee's request to revert to separate registrations, upholding the Commissioner (Appeals) decision.

3. The Commissioner (Appeals) based the decision on the definition of a "factory" for excisable goods manufacturing, emphasizing that each factory had separate entry/exit points, operational facilities, and individual registrations under the Factories Act. Referring to Tribunal decisions, the Commissioner highlighted that a factory includes only premises where excisable goods are manufactured, excluding plants not in the same premises. This interpretation supported the grant of separate registrations, aligning with the assessee's request to claim exemptions under specific notifications.

4. The Deputy Commissioner rejected the request for separate registrations, citing potential revenue loss due to benefits claimed under specific notifications. However, the Tribunal deemed this reasoning unacceptable, emphasizing that if the government granted benefits through notifications, revenue concerns should not override legal entitlements. The Tribunal upheld the Commissioner (Appeals) decision, rejecting the revenue's appeal and affirming the right to separate registrations based on legal provisions and past practices.

This detailed analysis of the judgment addresses the issues involved and the Tribunal's rationale for upholding the decision regarding separate registrations for the three factories.

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