2011 (6) TMI 88 - AT - Central Excise

SSI Exemption - Notification No. 175/86-CE dated 01.3.1986 - In terms of the notification, the appellant is entitled to unconditional exemption in respect of both the items up to the first clearance of Rs. 15 Lakhs of each item. However, as the appellant, after availing the exemption in respect of body buildings up to the clearance value of Rs. 15 Lakhs, started paying concessional rate of duty as per the second slab of Notification No. 175/86, Revenue entertained a view that the said clearances made at concessional rate of duty are required to be taken into consideration while computing the clearances of metal containers for the purposes of exemption - Held that as per the case of EL.P.EM. Industries, find that there is no merit in the Revenue appeals and are compelled not to interfere with the order in order in Appeal impugned - Hence, the issue stands decided in favour of the assessee, set-aside the impugned order and allow the appeal with consequential relief to the appellants.

Summary

Issues:
1. Interpretation of SSI Exemption Notification No. 175/86-CE dated 01.3.1986.
2. Computation of clearances for availing exemption under the notification.
3. Applicability of previous judgments on the issue.

Analysis:
1. The case involved the interpretation of SSI Exemption Notification No. 175/86-CE dated 01.3.1986. The appellant was engaged in the manufacture of Body Building on the duty paid Chassis and Metal Containers. The dispute centered around the appellant's entitlement to unconditional exemption up to the first clearance value of Rs. 15 Lakhs for each item under the said notification.

2. The issue of computation of clearances for availing the exemption was crucial. The appellant, after availing exemption for body buildings up to Rs. 15 Lakhs, started paying concessional duty rates as per the second slab of the notification. The Revenue contended that clearances made at concessional rates for one item should be considered while computing clearances for the other item, leading to a restriction on duty-free clearances for metal containers.

3. The Tribunal referred to the decision of a Larger Bench in the case of Ramakrishna Engg. Works vs. Commissioner 1996 (83) ELT 346 (Tri. LB), which held that overall clearances up to a certain value should be considered, impacting the exemption for the second item. However, subsequent judgments and decisions of the Tribunal deviated from this position, citing conflicting interpretations and non-following of the Larger Bench decision. The Tribunal also highlighted cases like Khalsa Pulp & Paper Industries Ltd. v. C.C.E. and Solar Packaging Pvt. Ltd. v. C.C., Rajkot, where the Tribunal upheld a different approach, leading to the conclusion that the matter was no longer res integra.

4. The Tribunal noted that the Revenue's appeal against the Tribunal's order was dismissed by the Hon'ble Supreme Court, further solidifying the decision in favor of the assessee. Consequently, the Tribunal set aside the impugned order and allowed the appeal with consequential relief to the appellants, based on the established legal precedents and interpretations.

5. In conclusion, the judgment provided a detailed analysis of the issues related to the interpretation of the SSI Exemption Notification, computation of clearances, and the applicability of previous judgments. The decision was based on a thorough examination of legal precedents and established principles, ultimately resulting in a favorable outcome for the appellants.