2015 (4) TMI 276 - AT - Central Excise

Waiver of pre deposit - Denial of benefit of Notification 8/2003 as SSI exemption - applicants clearing the goods which are bearing the brand name of others - Held that - there were several amendments given to clause (e) of Notification 8/2003 and from those amendments we find that it was the intention of the legislature to give the benefit to the manufacturer of packing material which bears the brand name of their customs or the persons to use them as packing material for packing of their final product and the same is to be given retrospective effect. Prima facie we are of the view that the applicant has made out a 100% case for waiver of pre-deposit. Accordingly, we waive pre-deposit of the dues and stay recovery thereof during the pendency of the appeal. - Stay granted.

Summary

Issues:
1. Entitlement to exemption under Notification 8/2003 for small scale industries.
2. Interpretation of clause (e) of Notification 8/2003 regarding goods bearing brand names of others.
3. Request for waiver of pre-deposit of demand and penalty.

Entitlement to Exemption under Notification 8/2003:
The case involved the applicants, manufacturers of printed polyethylene rolls/sheets bearing their customers' brand names, who were availing Exemption Notification 8/2003 as a small scale industry. A demand was raised for the period January 2010 to March 2010, contending that the goods bearing others' brand names made them ineligible for the SSI exemption. The demand of Rs. 5,01,559/- along with a penalty of Rs. 2,00,000/- was confirmed. The applicants sought waiver of pre-deposit of the same.

Interpretation of Clause (e) of Notification 8/2003:
The applicants argued that the plastic polythene rolls/sheets they manufactured were for packing, bearing their customers' brand names for packing their finished goods. They relied on the substituted clause (e) of Notification 8/2003, effective from 29.4.2010, which specified that if the goods were meant for use as packing material by or on behalf of the persons whose brand name they bore, the benefit should apply. They requested retrospective effect for this amendment, citing legislative intent to benefit manufacturers of packing materials. The Tribunal found that the amendments to clause (e) aimed to benefit manufacturers of packing material bearing customers' brand names for packing their final products, with retrospective effect. The Tribunal held that the applicants had a strong case for waiver of pre-deposit, granting the waiver and staying the recovery during the appeal's pendency.

Request for Waiver of Pre-Deposit:
After hearing both sides and considering the submissions made by the applicants' counsel, the Tribunal acknowledged the legislative intent behind the amendments to clause (e) of Notification 8/2003. The Tribunal found that the applicants had sufficiently demonstrated their eligibility for the waiver of pre-deposit. Consequently, the Tribunal waived the pre-deposit of the dues and stayed the recovery during the appeal process.

This detailed analysis of the judgment highlights the issues of entitlement to exemption under Notification 8/2003, the interpretation of clause (e) of the notification, and the request for waiver of pre-deposit, providing a comprehensive understanding of the case and its legal implications.