2013 (6) TMI 391 - AT - Central Excise

SSI Exemption - notification No. 8/2003 dated 1.3.2003 - Period of limitation - declaration filed for the year 2003-2004 on 14.4.2004 - Held that - appellants have declared the value of dutiable as also exempted final product, total of which exceed ₹ 3 crores thus making the assessee not entitled to the benefit of exempted notification in the subsequent financial year. Inspite of appellants having disclosed the full information in the said declaration, the Revenue has raised the Show cause notice only on 5.4.2006, i.e. beyond the limitation period. - Decided in favor of assessee.

Summary

Issues:
1. Dispute over small scale exemption notification applicability.
2. Challenge of show cause notice on the point of limitation.

Analysis:
1. The judgment pertains to two appeals arising from the confirmation of Central Excise duty against a company, along with penalties, due to the denial of the small scale exemption notification for certain financial years. The dispute revolved around the interpretation of notification No. 8/2003 dated 1.3.2003. The Commissioner confirmed the duty and penalties, citing that the value of aggregate clearance of goods in the preceding financial year exceeded Rs.3 crore, thereby disqualifying the company from the notification's benefit for subsequent years.

2. The appellants contested the show cause notice on the grounds of limitation. They argued that they had duly filed declarations for the relevant financial years, disclosing the total value of clearance of dutiable and exempted final products. Specifically, in the declaration for the year 2003-2004, the appellants declared the value of various products, which totaled to over Rs.3 crores. Despite this disclosure, the Revenue issued the show cause notice on 5.4.2006, beyond the limitation period. The Tribunal found that there was no suppression or misstatement on the appellant's part to warrant the extended limitation period. Consequently, the Tribunal held that the demand was time-barred, setting aside the impugned order and allowing all appeals on the point of limitation.

This judgment highlights the importance of timely issuance of show cause notices and the requirement for clear and accurate declarations by taxpayers to avail themselves of exemptions. The Tribunal's decision underscores the principle that the limitation period for raising demands must be adhered to unless there is evidence of suppression or misstatement by the taxpayer.