2015 (2) TMI 1089 - AT - Central Excise

Denial of SSI Exemption - exemption notification no. 8/03CE - Captive consumption - whether the aggregate value of the appellant s clearances for home consumption during 2008-09 was ₹ 3,36,81,178/- as claimed by them or had exceeded ₹ 4 crore and was valued at ₹ 4,16,75,078/- has held by the Additional Commissioner - Held that - department s calculations regarding the aggregate value of clearances for home consumption during 2008-09 are based on Deputy Commissioner s report dated 19/2/2013. The hearing in this case had been held on 13/01/2013. The Deputy Commissioner s report dated 19/2/2013 which has been relied upon by the Additional Commissioner, has, thus, not been supplied to the appellant which would amount to violation of the principles of natural justice. The difference between the value of clearances as per the appellant and the value of the clearances as per the department, appears to be on account of the number of items which are covered for valuation under section 4A and this dispute can be resolved only when the basis of the calculation as per the Deputy Commissioner s report is disclosed to the appellant. Accordingly, the impugned order is set aside and the matter is remanded to the Original Adjudicating Authority for de-novo adjudication - Decided in favour of assessee.

Summary

Issues:
1. Denial of SSI exemption under Central Excise Duty for the period from 1/4/2009 to 18/8/2009.
2. Calculation of aggregate value of clearances for home consumption during 2008-09.
3. Adjudication process and imposition of penalty under sections 11AB and 11AC.

Analysis:
1. The appellant, a manufacturer of bathroom fittings, was availing the SSI exemption notification no. 8/03CE for the period in dispute. The Department sought to deny the exemption based on the appellant's total clearances for home consumption during the preceding financial year. The Additional Commissioner confirmed the duty demand and imposed a penalty under section 11AC. On appeal, the Commissioner (appeals) upheld the decision. The Tribunal noted discrepancies in the calculation of clearances and lack of disclosure of the Deputy Commissioner's report, leading to a violation of natural justice. Consequently, the impugned order was set aside, and the matter was remanded for de-novo adjudication after providing the appellant with the report and a personal hearing.

2. The core issue revolved around the calculation of the aggregate value of the appellant's clearances for home consumption during 2008-09. The Department's calculations were based on the Deputy Commissioner's report dated 19/2/2013, which was not provided to the appellant during the adjudication process. The Tribunal emphasized the importance of disclosing the basis of calculation to resolve the dispute regarding the value of clearances. The lack of access to crucial information led to a violation of natural justice, necessitating a fresh adjudication with the appellant's involvement and access to the relevant report.

3. The adjudication process and imposition of penalty under sections 11AB and 11AC were scrutinized in light of the procedural irregularities. The Tribunal highlighted the significance of adhering to principles of natural justice, particularly in cases where crucial reports or documents form the basis of decisions affecting the parties involved. The remand for de-novo adjudication underscored the need for a fair and transparent process, ensuring that all relevant information is shared with the concerned parties to enable a just determination of the matter. The disposal of the appeal and stay application was contingent upon rectifying the procedural deficiencies and granting the appellant an opportunity to address the discrepancies in the calculation of clearances.