2008 (3) TMI 729 - AT - Central Excise

Summary

Issues involved: Grant of benefit of SSI Notification No. 176/86, calculation of dutiable clearance, eligibility for exemption, levy of penalty.

Grant of benefit of SSI Notification No. 176/86:
The appeal arose from an Order-in-Appeal remanded by CESTAT to the Commissioner to examine the plea of the assessee for the grant of benefit of SSI Notification No. 176/86. The Commissioner, in Para 51 & 52, upheld the plea of SSI exemption. However, there was a discrepancy in the dutiable clearance value, with the appellants claiming it to be &8377; 5,44,500, while the Commissioner calculated it as &8377; 12,27,570. The appellants also asserted eligibility for a 10% exemption, with a chargeable duty of only 5%, amounting to &8377; 25,000. They contested the confirmation of demand of &8377; 1,93,343, including a penalty of &8377; 45,000, arguing that their calculation should be accepted.

Calculation of dutiable clearance and eligibility for exemption:
The Commissioner accepted the appellants' plea for SSI exemption under Notification No. 175/86 CE, acknowledging their dutiable clearance as &8377; 5,44,500. The appellants claimed eligibility for a 10% exemption, with duty payable at 5%. The Tribunal found that the matter needed reconsideration by the Commissioner to rework the dutiable clearances, confirm the duty, and levy any appropriate penalty after granting the assessee a hearing. The case was remanded to the Commissioner for de novo consideration within four months from the date of the order.

Levy of penalty:
The learned DR argued that the matter should be sent back to the Original authority to rework the total value of clearances and confirm the duty and penalty, as the assessee contested the details provided in the impugned order. The Tribunal directed the Commissioner to reevaluate the dutiable clearances, confirm the duty, and decide on any penalty, ensuring a fair opportunity for the assessee to present their case.