2016 (8) TMI 890 - AT - Central Excise

Whether the value of goods bearing the brand name of another person manufactured in a rural area be included in the aggregate value of the clearances so as to extend the benefit of SSI exemption Notification No.9/2003-CE, dt.01.03.2003 - Held that - undisputedly in the present case, the Appellant had manufactured the branded goods in rural area, hence, its value cannot be excluded in computation of aggregate value of clearance. Accordingly, we do not find any error in the reasoning of the learned Commissioner (Appeals) in computing the aggregate value of the clearances under Clause (3) of the said notification. - Decided against the appellant

Summary

Issues:
Calculation of aggregate value for SSI exemption under Notification No.9/2003 for the Financial Year 2004-2005.

Analysis:
The case involved the Appellants, engaged in manufacturing plastic articles and excisable goods, who availed the benefit of SSI exemption Notification No.9/2003 for the period from April 2004 to March 2005. A Show Cause cum Notice was issued for recovery of duty alleging wrong availment of the said Notification. The Adjudicating authority dropped the demand, but the Revenue appealed before the Commissioner (Appeals), who ruled in favor of the Revenue. The issue revolved around the computation of the aggregate value of clearances for the year 2003-2004, where the Appellant allegedly failed to include the clearances of excisable goods bearing the brand name of others manufactured in their rural area factory.

The learned Authorised Representative for the Revenue contended that the Appellant's failure to include the value of branded goods manufactured in a rural area resulted in an incorrect computation of the aggregate value of clearances, making the Appellant ineligible for the SSI exemption under Notification No.9/2003. Referring to the language of the notification and a previous Tribunal decision, the Revenue argued that the value of goods bearing the brand name of others not manufactured in the rural area should be considered. However, the Tribunal examined the issue and held that in similar circumstances under Notification No.8/2003, the value of branded goods manufactured in a rural area cannot be excluded from the computation of the aggregate value of clearances. Since the Appellant had indeed manufactured the branded goods in a rural area, their value should not be excluded in determining the aggregate value of clearance under the notification.

Ultimately, the Tribunal upheld the impugned order by the Commissioner (Appeals), dismissing the appeal. The decision was based on the finding that the Appellant's manufactured branded goods in a rural area should be included in the calculation of the aggregate value of clearances for the purpose of availing the SSI exemption under Notification No.9/2003 for the Financial Year 2004-2005.