2000 (3) TMI 344 - AT - Central Excise

Summary

Issues:
Challenge to duty demand under Section 11-A of the Central Excise Act based on change in firm's constitution affecting SSI certificate validity.

Analysis:
The appeal was filed against the order confirming duty demand of Rs. 22,008.68 under Section 11-A of the Central Excise Act. The appellants, engaged in manufacturing motor vehicle parts, were denied the benefit of a notification due to discrepancies in their firm's constitution and SSI certificate. The Assistant Collector and the Collector (Appeals) upheld the duty demand, leading to the appeal before the Tribunal.

The main contention was whether the appellants could be denied the benefit of the notification due to a change in the firm's constitution affecting the SSI certificate. The appellants argued that despite the change, the SSI registration continued in the firm's name, justifying the benefit. On the contrary, the JDR argued that a fresh SSI certificate was required post the firm's constitution change to claim the notification benefit.

The Tribunal noted that the firm's constitution changed from sole proprietorship to partnership, but the SSI registration remained in the same name. Referring to a similar case precedent, the Tribunal concluded that the benefit could not be denied solely based on the change in the firm's constitution. The authorities erred in not considering the valid SSI registration and wrongly denied the benefit of the notification.

Based on the above analysis, the Tribunal held that the duty demand was illegal and unsustainable as the appellants were entitled to the notification benefit. Consequently, the impugned order was set aside, granting relief to the appellants as permissible under the law.