2005 (12) TMI 26 - AT - Central Excise

Central Excise SSI Exemption (1) Goods manufactured in rural area (2) No proper evidence to prove that impugned area include in urban area (3) SSI exemption cannot be denied

Summary

Issues:
1. Entitlement for SSI exemption based on goods manufacturing in Rural Area.

Detailed Analysis:
The appeal was filed by the Revenue challenging the Order-in-Appeal passed by the Commissioner of Customs & Central Excise. The main issue in dispute was whether the Respondents were entitled to the benefit of Small Scale Industries (SSI) exemption on the grounds that the goods were manufactured in a Rural Area, specifically Peringolam in Peruvayal Panchayath. The Revenue contended that Peringolam was classified as an urban area based on a government notification and certification by the Deputy Director of Economics & Statistics. However, the lower authorities had determined that Peringolam fell under the Rural area, leading to the Revenue's dissatisfaction.

The learned SDR representing the Revenue reiterated the grounds of the appeal, while the learned Advocate for the Respondents pointed out the Development Plan for Calicut Urban Area (2001) prepared by the Department of Town Planning, Kerala State. The document recommended only specific Panchayaths for inclusion in the Urban area, excluding Peruvayal. The Advocate argued that the area under dispute was rightfully considered Rural by the lower authorities, making the Respondents eligible for the SSI exemption.

Upon careful review of the case records, the Tribunal found that the government documents from 2001 recommended only five Panchayaths for inclusion in the Calicut Urban Area, excluding Peruvayal. The Tribunal noted that the 1980 government notification proposing the Calicut Development Authority did not definitively declare Peruvayal as an Urban area. Additionally, the certification by the Deputy Director of Economics & Statistics was related to population data and did not conclusively establish the disputed area as Urban. The Development Plan for Calicut Urban Area clearly indicated that Peruvayal was not recommended for Urban area inclusion. Consequently, the Tribunal upheld the lower authorities' decision, stating that the Revenue had not thoroughly examined the issue before filing the appeal, leading to the dismissal of the Revenue's appeal.

In conclusion, the Tribunal's judgment emphasized the importance of a comprehensive analysis of the relevant documents and criteria to determine the classification of an area as Rural or Urban for the purpose of SSI exemption eligibility. The decision highlighted the significance of official recommendations and planning documents in establishing the status of an area, ultimately leading to the dismissal of the Revenue's appeal.