2019 (12) TMI 790 - AT - Central Excise

SSI Exemption - clubbing of clearances - job-work - appellant took a categorical stand that they were getting the goods manufactured on job work basis from M/s Dimond Steel and produced the relevant documents - HELD THAT - The entire purpose of adjudication is to come to the finding between the allegations and proposals made by the revenue and the defence, pleas and contention raised by the assessee. If the entire documents are required to be produced at the time of investigation itself and are blocked from producing at the time of adjudication, the entire purpose of adjudication gets defeated. The assessee is within his right to produce such defence documents, which he considers relevant for countering the allegations of the revenue. It is only after the allegations are revealed in the show cause notice, an assessee would come to know about the same and would submit his defence. As such, to observe that such defence should have been submitted before the investigating authorities, when the show cause notice was not even issued, is not only against the settled principals of law but are perverse observation also. Matter remanded to adjudication authority for fresh adjudication after giving a proper opportunity to the appellants to put forth their case - appeal allowed by way of remand.

Summary

Issues:
1. Clubbing of clearances and denial of Small Scale Exemption Notification to two appellants.
2. Allegations of miss-calculations in the quantification of demand by Revenue.

Analysis:
1. The judgment involves three appeals, two by the assessee and one by the Revenue, challenging the impugned order confirming duty demands against two units, M/s Shri Krishna Udyog and M/s Shri Krishna Industries, for clubbing clearances and denying Small Scale Exemption Notification. The Revenue pointed out miscalculations in demand quantification. The units were involved in manufacturing products under Chapter 72 of the Central Excise Tariff Act. Ant-Evasion officers seized dairies containing details of procurement, job work, and finished goods, belonging to both units. Statements of proprietors and partners were recorded, alleging that Shri Krishna Udyog exceeded the exemption turnover by clearing goods for Shri Krishna Industries. Further investigations and statements were recorded post-seizure, leading to proceedings against the appellants for clubbing clearances and denying exemptions. The appellants argued for job work basis manufacturing and trading activities exempt from total clearance computation for Small Scale Exemption benefits, which the adjudicating authority rejected, leading to the appeals.

2. During adjudication, the appellants claimed goods were manufactured on a job work basis by another entity, M/s Dimond Steel, supported by relevant documents and Sales Tax Authorities' records. The adjudicating authority refused to consider these documents, stating they should have been presented during investigation, not adjudication, citing natural justice principles. The Tribunal disagreed, emphasizing that adjudication aims to assess revenue's allegations against the assessee's defense, allowing the latter to produce relevant defense documents during adjudication. Blocking document submission during adjudication defeats the purpose of fair assessment. Consequently, the Tribunal set aside the impugned order, remanding the matter for fresh adjudication, granting the appellants the opportunity to present their case with all relevant documentary evidence. The Tribunal also remanded the Revenue's appeal due to a quantification issue, ensuring fairness in the proceedings.

In conclusion, the Tribunal's judgment addressed the issues of clubbing clearances and denial of exemption, emphasizing the importance of allowing the assessee to present relevant defense documents during adjudication and ensuring a fair assessment process. The matter was remanded for fresh adjudication, providing both parties with the opportunity to present their cases comprehensively.