2011 (5) TMI 595 - AT - Central Excise

Benefit of SSI exemption notification - claim denied on clandestine clearances - Held that Clandestine clearances stand established by the earlier order of the Commissioner dated 31.03.2005 which stands set aside by the Tribunal vide its order. As such the very basis for denying the benefit of SSI exemption notification is no more available to the Revenue - Decided in favour of the assessee

Summary

Issues:
1. Alleged clandestine activities leading to demand of duty.
2. Denial of benefit of SSI exemption notification due to exceeding clearance value.
3. Impact of earlier Tribunal order setting aside duty confirmation on present proceedings.

Issue 1: Alleged Clandestine Activities
The appellants were engaged in the manufacture of Stainless Steel Belts, Wrist Watches, and waste and scrap of Stainless Steel. An offence case was booked against them, and a show cause notice was issued for alleged clandestine activities, proposing a duty demand of Rs. 85,61,302. The Commissioner of Central Excise confirmed the demand and imposed penalties. However, the Tribunal set aside this order, which had an impact on the present case.

Issue 2: Denial of SSI Exemption
The officers found that the appellants had exceeded the clearance value under the small scale exemption notification during a specific period. Consequently, they were deemed ineligible for the SSI exemption from 01.9.2003. A demand of Rs. 3,20,463 along with interest and penalty was confirmed by the lower authorities. The appellants argued that since the earlier Tribunal order had set aside the duty confirmation, the basis for denying the SSI exemption was no longer valid. The impugned order denied the SSI exemption based on the alleged clandestine clearances, which were established by the earlier Commissioner's order, subsequently set aside by the Tribunal.

Issue 3: Impact of Earlier Tribunal Order
The advocate for the appellants highlighted that the earlier order of the Commissioner, appealed against before the Tribunal, had been set aside, rendering the basis for the present proceedings invalid. The Tribunal found that the denial of the SSI exemption was solely based on the exceeding clearance value due to alleged clandestine clearances, which were no longer valid after the earlier Tribunal order. Consequently, the impugned order denying the benefit of the SSI exemption was set aside, and the appeal was allowed with consequential relief to the respondents.

This judgment from the Appellate Tribunal CESTAT, Ahmedabad, dated 03.05.2011, addressed issues related to alleged clandestine activities, denial of SSI exemption, and the impact of an earlier Tribunal order on the present proceedings. The Tribunal set aside the order denying the SSI exemption benefit due to the lack of valid grounds following the earlier Tribunal's decision to overturn duty confirmation.