2000 (4) TMI 331 - AT - Central Excise

Summary

Issues:
1. Whether the appellants qualify as a small-scale unit from the date of application or from the date of registration certificate.
2. Whether the demand is valid based on the point of limitation.

Analysis:

Issue 1: Small-Scale Unit Status
The appeal revolves around determining whether the appellants should be considered a small-scale unit from the date of their application or from the date of the registration certificate. The advocate for the appellants argues that they started production in July 1987, applied for registration in September 1987, and began availing benefits under Notification 175/86. Despite changes in partners, they maintained consistent registrations and licenses. Citing legal precedents, the advocate contends that the small-scale certificate should be effective from the date of application, as supported by the Tribunal's decision in the case of Melvin Powell. The Department argues that the certificate should apply from the date of registration due to partnership changes. However, the Tribunal concludes that the appellants remained the same entity throughout, maintaining continuity in operations and licenses, thereby validating the 1992 small-scale certificate issued in their name.

Issue 2: Limitation Period
The second issue pertains to the validity of the demand based on the limitation period. The demand covers the period from July 1987 to September 1989, with a show-cause notice issued in September 1991. The appellants argue that the demand is time-barred under Section 11A of the Act, supported by letters notifying the Department of partner changes in April 1989. The Department contends that the longer period applies due to partnership dissolution in 1989. However, the Tribunal finds in favor of the appellants, ruling that the demand is indeed barred by limitation as there was no intent to evade duty, and the appellants had duly informed the Department of relevant changes. Consequently, the impugned order is set aside, and the appeal is allowed, granting relief to the appellants on both the issues of small-scale unit status and limitation period.