1998 (10) TMI 224 - AT - Central Excise

Summary

Issues:
Classification list approval and exemption benefit denial under Notification 175/86-C.E., time-barred show cause notice for duty recovery, validity of show cause notice, SSI registration date effect on exemption eligibility.

Classification List Approval and Exemption Benefit Denial:
The manufacturer of aerated waters filed a classification list claiming exemption under Notification 175/86. The Assistant Collector approved the list but denied the exemption due to non-registration as a Small Scale Industry. Duty was demanded, and subsequent reminders were ignored. The Revenue issued a show cause notice for duty recovery, which was confirmed by the Assistant Collector. On appeal, the lower authority held the notice time-barred, leading to the Revenue's appeal.

Validity of Show Cause Notice for Duty Recovery:
The Revenue argued that the show cause notice was unnecessary as the original order-in-original had approved the classification list and demanded duty. The Superintendent of Central Excise had also made assessments following the order. The Revenue contended that issuing a second notice was unwarranted. The Revenue sought to overturn the lower authority's decision based on these grounds.

Validity of Show Cause Notice and SSI Registration Date Effect:
The respondent argued that the show cause notice was unsigned and incompetent due to exceeding the six-month period. They also claimed the letter dated 9-6-1987 was not a valid show cause notice. Additionally, they argued that their SSI registration application date should retroactively impact their eligibility for exemption. The respondent cited various judgments to support their position.

Judgment:
The Tribunal found that the original order-in-original had been unchallenged and had become final. The duty demand was made promptly after the approval of the classification list. The Tribunal held that a separate show cause notice was unnecessary, and the demand was not time-barred. The citations provided by the respondent were deemed inapplicable to the case. Regarding the SSI registration date's impact, the Tribunal emphasized the mandatory requirement of registration with the SSI authorities for exemption eligibility. The Tribunal set aside the lower authority's decision and allowed the Revenue's appeal.