2010 (10) TMI 341 - AT - Central Excise

Small scale exemption - SSI - The claim of small scale exemption by the respondents on the ground that their factory is located in a rural area - The original authority had denied the exemption to the respondents - However, the lower appellate authority on an appeal from the respondents has allowed the benefit. The District Collector s Office clarified that the jurisdictional Tahsildar is the competent authority to issue certificate regarding classification of village - The jurisdictional Tahsildar of Ponneri Taluk has clarified that the impugned Athur village is situated in rural area - Clarification obtained from the jurisdictional revenue authority, find no substance in the department s appeal against the order passed by the lower appellate authority - Hence, uphold the impugned order and dismiss the department s appeal.

Summary

Issues:
1. Claim of small scale exemption based on rural area location.
2. Interpretation of "rural area" and "urban area" definitions.
3. Competency of district authorities in village classification.

Analysis:

1. The case revolves around the claim of small scale exemption by the respondents based on the location of their factory in a rural area. The original authority initially denied the exemption, but the lower appellate authority granted it, prompting the department's appeal. The lower appellate authority's decision was based on the classification of the village where the factory is situated as a rural area by the district authorities. The key contention was whether the village should be considered rural or urban for exemption purposes.

2. The small scale exemption Notification No. 8/2000-C.E. defines "rural area" as a village excluding specified urban areas. The original authority referred to the Tamil Nadu Urban Land Act, 1996, but failed to establish that the impugned village fell under any urban area category as per the Act. The respondents argued that the master plan for the Chennai Metropolitan area did not equate to defining the village as urban. The Tribunal noted the lack of evidence proving the village's urban classification under the Act, emphasizing the importance of proper classification for exemption eligibility.

3. Following a direction from the Bench, clarification was sought from the district authorities regarding the village's classification. The District Collector's Office confirmed that the jurisdictional Tahsildar is authorized to issue certificates on village classification. The Tahsildar of Ponneri Taluk specifically stated that the Athur village is in a rural area. Relying on this official clarification, the Tribunal found no merit in the department's appeal against the lower appellate authority's decision. Consequently, the Tribunal upheld the lower appellate authority's order and dismissed the department's appeal, affirming the village's rural status.

4. Additionally, the cross-objection filed by the respondents was treated as a response to the department's appeal and was dismissed accordingly. The Tribunal concluded the proceedings by dictating and pronouncing the order in the open court, thereby settling the matter regarding the small scale exemption claim based on the rural location of the factory.