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2017 (7) TMI 448 - AT - Central ExciseSSI exemption - Goods cleared to merchant exporter and domestic consumption - Circular No. 648/39/2000-CX dated 25.7.2000 - Held that - In the case of Vadapalani Press 2007 (3) TMI 151 - CESTAT CHENNAI wherein it was held that In Circular No. 212/96-CX. dated 20-5-1996 the Board simplified the export procedure for SSI units. Where the export of goods cleared from SSI unit was effected through a merchant-exporter the certificate in Form-H issued by the latter was accepted as proof of export and it was provided that in case clearances from SSI unit for home consumption plus clearance for export where proof of export was not furnished within 6 months exceeded exemption limit they should take Central Excise registration and follow the regular A.R. 4/A.R. 5 procedure. Where proof of export was furnished within 6 months the clearances made for export were not to be added to clearances for home consumption. It can be observed that not only the goods exported as such even the goods which was used for packaging of export goods were also treated as removal for export through merchant exporter and the same was held not to be includible in the domestic clearance. With the views taken in the above judgments the interpretation of the adjudicating authority that in the appellants case the goods were not directly exported from the appellants unit is incorrect and the same cannot be accepted - Appeal allowed - decided in favor of the assessee.
Issues Involved:
1. Whether the clearances made to merchant exporters should be treated as export clearances for the purpose of availing SSI exemption. 2. Whether Form 14B and/or Form H issued by merchant exporters can be accepted as proof of export. 3. Whether pre-dated proforma invoices issued by merchant exporters invalidate the proof of export. Issue-wise Detailed Analysis: 1. Whether the clearances made to merchant exporters should be treated as export clearances for the purpose of availing SSI exemption: The appellants, engaged in manufacturing stainless steel utensils, kitchenware, and cutlery articles, claimed SSI exemption on the grounds that the aggregate value of clearances to domestic buyers was within the SSI exemption limit of ?100 lakhs. They did not include the value of clearances made to merchant exporters, treating them as export clearances. The adjudicating authority contested this, arguing that the clearances to merchant exporters should be considered domestic sales since the goods were not directly exported from the manufacturer’s premises. The Tribunal, however, referred to the Board's Circular No. 648/39/2000-CX dated 25.7.2000, which allows non-registered SSI units to use Form 14B and/or Form H as proof of export for clearances made through merchant exporters. The Tribunal concluded that the goods supplied to merchant exporters, which were subsequently exported, should indeed be treated as export clearances. This interpretation aligns with the objective of the simplified export procedure prescribed by the Board, ensuring that such clearances are not included in the aggregate value for SSI exemption purposes. 2. Whether Form 14B and/or Form H issued by merchant exporters can be accepted as proof of export: The appellants argued that the merchant exporters provided Form 14B and/or Form H, which should be accepted as proof of export. The adjudicating authority rejected these forms, stating that they are valid only when goods are directly exported from the manufacturer. The Tribunal found that the Board’s Circular explicitly accepts Sales Tax documents like Form H or ST-XXII Form as proof of export for SSI units exporting through merchant exporters. The Tribunal emphasized that the forms issued by the Sales Tax Department are intended to certify that the goods have been exported. The merchant exporters had indeed obtained these forms from the Sales Tax authorities, which included details of the goods supplied by the appellant and their subsequent export. Therefore, the Tribunal held that these forms must be accepted as proof of export, supporting the appellant's claim. 3. Whether pre-dated proforma invoices issued by merchant exporters invalidate the proof of export: The adjudicating authority contended that the proforma invoices issued by merchant exporters were pre-dated, i.e., dated before the clearance of goods from the appellant’s premises, thus invalidating the proof of export. The Tribunal dismissed this argument, explaining that it is common practice for exporters to prepare documents such as proforma invoices and Bills of Lading before the goods arrive at the port for processing export procedures. The Tribunal noted that the quantity and specifications in the export documents matched those in the appellant’s invoices, establishing a clear correlation. Additionally, certificates from merchant exporters confirmed that the goods supplied by the appellant were physically exported, further substantiating the proof of export. Conclusion: The Tribunal concluded that the clearances made by the appellants to merchant exporters, supported by Form 14B and/or Form H, should be treated as export clearances. These forms, along with other export documents, provide sufficient proof of export. The Tribunal found the adjudicating authority’s interpretation too narrow and contrary to the Board’s Circular and established judicial precedents. Consequently, the demand for duty, interest, and penalties was set aside, and the appeal was allowed with consequential relief in accordance with the law.
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