2017 (4) TMI 797 - AT - Central Excise

SSI Exemption - value of clearance - crude oil - includibility - whether the value of crude oil can be added to the total value of manufactured exempted goods to determine eligibility under N/N. 08/2003? - Held that - M/s NIKO Resources is the producer of the crude Oil. Therefore, there is no justification for considering the value of crude oil as reflected in the balance sheet for the year 2003-04, in extending the benefit of N/N. 8/2003-C.E. dated 1.3.03, as amended to the appellant for their manufactured goods for the period April 2004 to December 2004 - appeal dismissed - decided against Revenue.

Summary

Issues:
1. Eligibility for SSI exemption under Notification No.8/2003-CE.
2. Interpretation of excisable goods and process of manufacture.
3. Application of principles from legal precedents.

Issue 1: Eligibility for SSI exemption under Notification No.8/2003-CE:
The case involved a dispute regarding the eligibility of the Respondent for the Small Scale Industry (SSI) exemption under Notification No.8/2003-CE. The Revenue alleged that the Respondent had wrongly availed the exemption, resulting in a short payment of duty. The Respondent, engaged in the manufacture of Compressed Natural Gas (CNG), was accused of not meeting the criteria for the exemption due to their involvement in the production of crude oil and natural gas through a Production Sharing Contract valued at over &8377; 3 crores. The adjudicating authority denied the exemption based on the value of goods cleared/sold in the previous financial year. However, the Tribunal found that the crude oil producer was a different entity, M/s NIKO Resources, Canada, and not the Respondent. Therefore, the value of crude oil from the contract could not be considered for determining the eligibility for the SSI exemption.

Issue 2: Interpretation of excisable goods and process of manufacture:
The dispute also centered around the interpretation of excisable goods and the process of manufacture. The Revenue argued that the value of crude oil should be included in determining the eligibility for the exemption. However, the Tribunal agreed with the Respondent's position that since the crude oil producer was a separate entity, the value of crude oil should not be considered as part of the manufacturing activity of the Respondent. The Tribunal emphasized that excisable goods must be chargeable to duty as a result of the process of manufacture, as defined under Section 2(f) of the Central Excise Act, 1944. Citing the legal precedent from the case of UOI vs. DSCL Sugar Ltd., the Tribunal upheld the principle that excisable goods must undergo a process of manufacture to be subject to duty.

Issue 3: Application of principles from legal precedents:
The Tribunal referred to legal precedents, specifically the case of UOI vs. DSCL Sugar Ltd., to support its decision regarding the interpretation of excisable goods and the process of manufacture. By analyzing the Production Sharing Contract and the roles of the entities involved, the Tribunal concluded that the Respondent was eligible for the SSI exemption under Notification No.8/2003-CE. The Tribunal dismissed the Revenue's appeal, upholding the Order-in-Appeal that set aside the demand for duty payment, interest, and penalty against the Respondent. The judgment highlighted the importance of considering the specific activities and entities involved in determining eligibility for tax exemptions under relevant notifications.

This detailed analysis of the judgment from the Appellate Tribunal CESTAT AHMEDABAD provides a comprehensive overview of the issues, arguments presented by both parties, the Tribunal's reasoning, and the application of legal principles in reaching a decision.