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2013 (10) TMI 1189 - AT - Central ExciseSSI Exemption Notification No.08/2003 branded goods - rural area or not - Waiver of Pre-deposit of Duty and Penalty u/s 11AC - Held that - the certificates produced now by the Applicant, even though not before the lower authorities, show that the area where the Applicant manufactured the branded goods, had been certified to be a rural area - Since the certificates were issued by the same authorities there was force in the argument that the area where they manufactured the branded goods, prima facie, has to be treated as a rural area - they would be eligible to the benefit of Notification No.08/2003 - the Applicant could able to make out a prima facie case for total waiver of the dues - all dues waived and its recovery stayed during pendency of the Appeal - Stay granted.
Issues: Application for waiver of predeposit of duty and penalty under Section 11AC of the Central Excise Act, 1944 based on eligibility for SSI exemption Notification No.08/2003-CE dated 01.03.2003 due to the manufacturing unit's location classification as rural or urban area.
Analysis: The Applicant, engaged in manufacturing branded 'Room Freshener' under Tariff Item No.33074900, sought waiver of predeposit of duty and penalty imposed under Section 11AC. The Department alleged wrongful benefit availed under Notification No.08/2003-CE dated 01.03.2003 based on a certificate indicating an urban area location. However, subsequent certificates clarified the area as rural, leading to confusion. The Tribunal considered the certificates showing the manufacturing area as rural, prima facie making the Applicant eligible for the SSI exemption under Notification No.08/2003-CE dated 01.03.2003. Consequently, the Tribunal waived all dues adjudged and stayed recovery during the appeal's pendency. The key issue in this case was the eligibility of the Applicant for the SSI exemption under Notification No.08/2003-CE dated 01.03.2003 based on the manufacturing unit's location classification as rural or urban area. The Applicant contended that despite initial confusion created by a certificate, subsequent certificates clarified the area as rural, aligning with the exemption criteria. The Tribunal, after considering the certificates produced, found that the manufacturing area was certified as rural, supporting the Applicant's claim for exemption under the said notification. The Applicant's eligibility for the SSI exemption hinged on the classification of the manufacturing unit's location as rural or urban area. The Department's contention, based on an earlier certificate indicating an urban area, was challenged by subsequent certificates confirming the rural classification. The Tribunal, noting the consistency in the certificates issued by the same authorities, accepted the Applicant's argument that the manufacturing area was prima facie rural. This finding led to the waiver of all dues adjudged and the stay of recovery during the appeal process, favoring the Applicant's position on the exemption eligibility under Notification No.08/2003-CE dated 01.03.2003. In conclusion, the Tribunal granted the Applicant's request for waiver of predeposit of duty and penalty under Section 11AC, considering the manufacturing unit's location classification as a rural area, thereby making the Applicant prima facie eligible for the SSI exemption under Notification No.08/2003-CE dated 01.03.2003. The Tribunal's decision to waive all dues adjudged and stay recovery during the appeal reflected the importance of the location classification in determining eligibility for excise duty exemptions.
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