2001 (11) TMI 196 - AT - Central Excise

Summary

Issues:
1. Eligibility for SSI exemption under Notification No. 175/86-C.E.
2. Time-bar on duty demands and penalty imposition.

Analysis:
1. Eligibility for SSI Exemption:
The appeal involved a dispute regarding the eligibility of the appellants for the benefit of SSI exemption under Notification No. 175/86-C.E. The consultant argued that the demands were inflated due to the appellants allegedly exceeding the clearance value of Rs. 10 lakhs without possessing the necessary SSI certificate or DGTD unit. It was contended that the demands should be time-barred as the Revenue did not invoke a larger period in the show cause notice. The consultant highlighted the filing of a declaration by the appellants, which was acknowledged by the Assistant Commissioner, and argued that the Revenue failed to provide grounds for extending the larger period as required by proviso to Section 11A of the Act. The consultant emphasized that the duty should only be computed for a short period, excluding the larger period. The Revenue, on the other hand, argued that the appellants were not eligible for the notification benefits without the requisite certificates.

2. Time-bar on Duty Demands and Penalty Imposition:
The Tribunal carefully considered the submissions and found that the Revenue had not adequately addressed the issue of time-bar in the original order, focusing instead on the inapplicability of the notification benefits. It was noted that the appellants had indeed filed a declaration, acknowledged by the Assistant Commissioner, which should have precluded the invocation of a larger period without grounds of misdeclaration or suppression provided by the Revenue in the show cause notice. Consequently, the Tribunal ruled that the demands for the larger period were time-barred, except for a short period for which the duty needed to be recalculated. The penalty of Rs. 5,000 was upheld as justified due to non-compliance with Excise Act provisions. The Tribunal set aside the demand for the larger period and directed the Revenue to recalculate the duty for the short period within six months from the show cause notice date.

In conclusion, the Tribunal modified the impugned order, disposing of the appeal by confirming the penalty but setting aside the demands for the larger period, requiring the duty to be recalculated for a shorter timeframe.