1999 (9) TMI 246 - AT - Central Excise

Summary

Issues:
- Availability of SSI exemption to a unit manufacturing excisable goods
- Applicability of exemption from the date of registration or application
- Impact of delay in issuance of Registration Certificate

Analysis:
1. Availability of SSI exemption: The dispute in the case revolved around whether the SSI exemption under Notification No. 175/86, as amended by Notification No. 244/87, was applicable to a unit manufacturing excisable goods. The unit had applied for de-registration with DGTD to qualify for SSI status based on a Ministry of Industry policy decision. The Registration Certificate was delayed and issued after three years.

2. Applicability of exemption date: The order-in-appeal stated that the exemption would be applicable from the date of registration, not from the date of application. The Tribunal considered precedents like Sahuwala Cylinders Ltd. and Welbeck Pharmaceuticals Pvt. Ltd., where units applying for SSI status were considered as such from the date of application, not the date of certificate issuance. The delay in issuing certificates was not held against the assessee.

3. Impact of delay in issuance: The delay in granting permanent registration was deemed insufficient grounds to deny the exemption if otherwise permissible. The Ministry's declaration of the investment limit for SSI units was crucial, and the unit had taken steps to apply for de-registration and fresh registration. The delay by government authorities in decision-making could not be held against the appellants.

4. Decision and reasoning: The Tribunal found merit in the argument that the unit had met the eligibility criteria for SSI status as per the Ministry's Public Notice. Despite the delay in registration, the unit was eventually registered as an SSI unit based on the policy decision announced in 1985. The Tribunal relied on precedents like Sahuwala Cylinders Ltd. and Welbeck Pharmaceuticals Pvt. Ltd. to support their conclusion. Therefore, the order-in-appeal was set aside, and the appeals were allowed with consequential relief in accordance with the law.