2007 (8) TMI 229 - AT - Central Excise

Comm.(A) held that value of clearances made by the job work as an independent manufacturer cannot be added in the assessable value of appellant s clearances Hence appellants are entitled to benefit of Not.8/98 & 83/94 as their clearance value are below the limit Impugned order is confirmed.

Summary

Issues:
1. Eligibility for small scale exemption for goods sold by the appellants from the job worker's premises.
2. Whether the value of clearances made by the job worker should be added to the assessable value of the appellant's clearances.

Analysis:
1. The main issue in this case was the eligibility of the appellants for small scale exemption for goods sold from the job worker's premises. The Commissioner held that the appellants were entitled to the benefit of Notification as their clearance value was below the limit specified. The lower authority contended that the appellants were not eligible for exemption as they had not followed the procedure prescribed under the relevant Notifications. However, the Tribunal disagreed with this finding, stating that the appellants, being a Small Scale Industry (SSI) unit, were eligible for the exemption benefit under Notification No. 8/98-CE. The Tribunal further emphasized that the appellants did not have any manufacturing capacity of their own and had a clearance value below the exemption limit, making them eligible for the SSI exemption. Therefore, the Tribunal set aside the order demanding duty and imposing penalties, ruling in favor of the appellants.

2. The second issue pertained to whether the value of clearances made by the job worker should be added to the assessable value of the appellant's clearances. The revenue contended that the value of clearances of the job worker should also be included. However, the Tribunal, after careful consideration of the submissions and relevant Notification provisions, upheld the Commissioner's decision. The Tribunal agreed that the clearances of the job worker cannot be added to the appellant's clearances, as per the provisions of the Notification. Consequently, the Tribunal dismissed the appeal, finding no infirmity in the impugned order.

In conclusion, the Tribunal ruled in favor of the appellants, holding them eligible for the small scale exemption and rejecting the revenue's contention to add the value of clearances made by the job worker to the appellant's assessable value. The Tribunal's decision was based on a thorough analysis of the relevant Notifications and the specific circumstances of the case, ultimately upholding the Commissioner's decision and dismissing the revenue's appeal.