1998 (6) TMI 329 - AT - Central Excise

Summary

Issues:
1. Central Excise duty demand and penalty imposition.
2. Validity of show cause notice timing and limitation period.
3. Discrepancy between small scale industry and small scale ancillary unit classification.
4. Relevance of Directorate of Industries' registration certificate for availing exemption.

Analysis:
1. The appeal challenged the order-in-original demanding Central Excise duty and imposing a penalty. The appellant contended that the show cause notice was issued beyond the prescribed six-month period under Section 11A(1) of the Central Excise Act. They argued that the longer limitation period was not applicable due to the absence of suppression, wilful misstatement, or contravention to evade duty. The appellant's total clearances were below the limit, spread over two financial years, and they held a valid State Registration certificate as required by Notification No. 175/86. The appellant claimed small scale industry status for exemption and had the classification list duly approved. The department's allegation of improper clearance attracting extended limitation was refuted based on correspondence with Range Officer and Directorate of Industries.

2. The Respondent pointed out that the registration certificate was not initially submitted with the classification list and was provided later upon departmental direction. It was revealed that the appellant was a small scale ancillary unit, not a small scale industry as claimed. The misstatement in the classification list misled the department, justifying corrective action under the extended period. The Respondent supported the Collector's reasoning for applying the extended period and denying the exemption.

3. The Tribunal considered the submissions and controversies. The show cause notice discrepancy regarding the registration certificate submission was noted. The appellant's correspondence with the Range Officer was referenced to establish their small scale industry status claim. However, the main issue centered on whether the Directorate of Industries' certificate for small scale industry matched the exemption criteria of Notification No. 175/86. The distinction between small scale industry and small scale ancillary unit was deemed relevant for investment limits and activity types by the Directorate of Industries but not for Central Excise exemption eligibility. The Tribunal held that the certificate produced by the appellant sufficed for the exemption notification, concluding that the denial of exemption by the adjudicating authority was unjustified. Consequently, the impugned order was set aside, and the appeal was allowed.