2017 (4) TMI 551 - AT - Central Excise

SSI exemption - N/N. 8/2000-CE as amended - appellant product became entitle for exemption only for ₹ 10 Lakhs for the period 1-3-2001 to 31-3-2001 - SCN was issued on 11th July, 2004 - Time limitation - Held that - when appellant approached for obtaining the Central Excise registration in the month of July, 2001 atleast at that time department could have noticed exemption of more than ₹ 10 lakhs availed by the appellant in the month of March, 2001. In these undisputed facts, we are of the clear view that there is no suppression of facts on the part of the appellant and nothing prevented department to issue show cause notice firstly on the issue of amendment N/N. 15/2001-CE dated 16-3-2001, secondly in the month of July, 2001 when the appellant had obtained Central Excise registration and therefore department could have avoided the delay of more than a year in issuance of SCN - demand set aside being time barred - appeal allowed - decided in favor of appellant.

Issues:
- Exemption under SSI Notification No.8/2000-CE
- Amendment of exemption limit by Notification No. 15/2001-CE
- Duty demand exceeding exemption limit
- Invocation of extended period for show cause notice
- Confirmation of duty, penalty, and interest
- Appeal against Order-in-Original
- Time bar for issuance of show cause notice

Exemption under SSI Notification No.8/2000-CE:
The appellant, engaged in manufacturing excisable goods, claimed exemption under SSI Notification No.8/2000-CE, which provided value-based exemption up to an aggregate value of ?100 lakhs in a financial year. The appellant contended that they were entitled to this exemption until the amendment by Notification No. 15/2001-CE on 16-3-2001, which limited the exemption to ?10 lakhs for the period 1-3-2001 to 31-3-2001. The appellant argued that their clearances within this period were well within the ?100 lakhs exemption limit, making the demand unsustainable.

Amendment of exemption limit by Notification No. 15/2001-CE:
The appellant highlighted that the amendment reducing the exemption limit to ?10 lakhs was dated 16-3-2001, implying that this revised limit was applicable only from 16-3-2001 to 31-3-2001. They emphasized that until this amendment, the exemption limit remained at ?100 lakhs, justifying their clearances exceeding ?10 lakhs but staying within the initial limit.

Duty demand exceeding exemption limit:
A show cause notice was issued to the appellant, alleging that they had exceeded the exemption limit by ?7,77,875, leading to a duty demand on this differential value. The appellant argued that their clearances were legitimate within the exemption limit and that the demand was unjustified.

Invocation of extended period for show cause notice:
The show cause notice was issued on 11th July 2004, invoking the extended period as the relevant period was March 2001. The appellant contended that there was no suppression of facts on their part, making the notice time-barred.

Confirmation of duty, penalty, and interest:
In the adjudication, a duty of ?1,24,460 was confirmed under Section 11A, with a penalty of an equal amount imposed under Section 11AC, along with interest under Section 11AB of the Central Excise Act, 1944.

Appeal against Order-in-Original:
The appellant, dissatisfied with the Order-in-Original, appealed before the Commissioner (Appeals), which was rejected, leading them to approach the Tribunal.

Time bar for issuance of show cause notice:
The Tribunal focused on the issue of the time bar, noting that the appellant had filed a declaration for exemption on 1-3-2001, and the department was aware of the exemption claim. The Tribunal emphasized that there was no suppression of facts by the appellant, and the department could have noticed the exemption amount during the registration process in July 2001. Consequently, the Tribunal held that the demand was time-barred and set aside the impugned order, allowing the appeal solely on the limitation issue.

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