2009 (3) TMI 191 - AT - Central Excise

SSI unit availment of credit on inputs used in mfg. of goods which are cleared on payment o duty - The conditions for availing SSI exemption under Notification No. 8/2003-C.E. were contained in para 2 thereof. Condition No. 2(iii) was that credit was not available on inputs when full exemption claimed for specified goods - any prudent person would construe condition No. (iii) mentioned in para 2 of the Notification to be meaning that SSI unit is entitled to avail Cenvat credit on inputs used in or in relation to the manufacture of specified goods cleared on payment of duty. Such specified goods are only those goods which are cleared under the brand-name of third party. Further a proviso added to Clause (iii) of para 2 of the Notification is of much aid to correct understanding of the import of Clause (iii). This proviso can only be considered as clarificatory in nature assessee s appeal allowed

Issues:
Demand of duty under SSI Exemption Notification, demand of interest on duty, penalty imposition, simultaneous availment of Cenvat credit on inputs, interpretation of relevant Notification provisions, distinction between judgments, retrospective application of amendment to Notification.

Analysis:

1. Demand of Duty under SSI Exemption Notification:
The appeal was against the demand of duty amounting to Rs. 94,921 for a specific period in relation to excisable goods covered under the SSI Exemption Notification No. 8/2003-C.E. The appellant had availed the benefit of the Notification for clearances up to the value of Rs. 1 crore without payment of duty. However, duty was paid on goods cleared under third-party brand names by availing Cenvat credit on inputs. The department disputed the eligibility of the appellant for SSI exemption and Cenvat credit on certain goods, leading to a show-cause notice for recovery of irregularly availed Cenvat credit and penalty imposition.

2. Simultaneous Availment of Cenvat Credit on Inputs:
The issue revolved around the contravention of Rule 3 of the Cenvat Credit Rules, 2002, by simultaneously availing Cenvat credit on inputs used in manufacturing branded goods cleared under third-party names. The original authority confirmed the demand of Cenvat credit, interest, and penalty, which was upheld by the Commissioner (Appeals) citing the decision in a previous case. The appellant contested this decision, arguing that a different case had been correctly distinguished by the Tribunal.

3. Interpretation of Relevant Notification Provisions:
The Tribunal analyzed the provisions of SSI Notifications from 1999 to 2003, emphasizing the conditions for availing SSI exemption under Notification No. 8/2003-C.E. The conditions included restrictions on availing Cenvat credit on inputs for goods cleared under the exemption. The Tribunal differentiated the present case from a previous judgment, highlighting the specific conditions of the relevant Notifications and the purpose behind the restriction on Cenvat credit.

4. Distinction Between Judgments and Retrospective Application of Amendment:
The Tribunal considered the Tribunal's decision in a previous case, Nebulae Health Care Ltd., which interpreted the relevant Notification provisions favorably for the appellants. The Tribunal noted the department's appeal against this decision, which was admitted by the apex Court. The Tribunal examined a clarificatory amendment to the Notification and its impact on the interpretation of the exemption conditions. It concluded that the proviso clarified the restriction on availing Cenvat credit for goods cleared under third-party brand names, supporting the appellants' entitlement to the benefit.

In conclusion, the Tribunal set aside the impugned order, allowing the appeal based on the interpretation of the Notification provisions and the clarification provided by the proviso regarding the availing of Cenvat credit for specified goods cleared under third-party brand names.

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