2013 (2) TMI 30 - HC - Central Excise

Change of ownership Area-based exemption - Circular No. 960/03/2012-CX dated 17th February, 2012 - Petitioner company took over the business as a going concern with effect from 1-7-2011 - Wish to continue to avail exemption under Central Excise Notification No. 50/2003-CE dated 10-6-2003 Held that - Petitioner has already exercised his option in writing to avail of the benefit of exemption Notification before effecting the first clearance, as mentioned therein, the petitioner would be entitled for the exemption. In favour of assessee

Summary

Issues:
1. Validity of impugned letters dated 12-9-2011 and 29-6-2011
2. Entitlement to exemption under Central Excise Notification No. 50/2003-CE
3. Impact of change in ownership on exemption eligibility

Analysis:

1. The petitioner sought a writ to quash the impugned letters dated 12-9-2011 and 29-6-2011 issued by the respondents. The petitioner had entered into a slump sale agreement with another company to take over its business as a going concern. The petitioner wished to continue availing exemption under Central Excise Notification No. 50/2003-CE, which was previously enjoyed by the company from which the business was acquired. The petitioner contended that a circular issued by the Central Board of Excise and Customs clarified that a change in ownership would not affect exemption eligibility if the new owner fulfills certain conditions, which the petitioner claimed to have already met.

2. The petitioner had submitted a declaration to avail exemption under Central Excise Notification No. 50/2003-CE along with relevant documents to the Assistant Commissioner of Central Excise. The court, considering the facts and the circular issued by the Central Board of Excise and Customs, concluded that if the petitioner had already exercised the option in writing to avail the exemption before the first clearance, as required, then the petitioner would be entitled to the exemption. Consequently, the court allowed the writ petition in favor of the petitioner.

3. The judgment highlighted the importance of fulfilling the conditions specified in the circular regarding change in ownership and exemption eligibility. The court's decision was based on the petitioner's compliance with the conditions mentioned in the circular and the relevant documents submitted to the authorities. The judgment emphasized the significance of adhering to procedural requirements to ensure the continuation of exemption benefits in cases of business acquisitions and changes in ownership.