2015 (8) TMI 195 - SC - Central Excise

SSI Exemption - clubbing of units - extended period of limitation - Wrongful availment of exemption in Notification No. 175/86 dated 01.03.1986 and Notification No. 1/93 dated 28.02.1993 - Suppression of facts - held that - extended period of limitation was invoked on the ground that the respondents had not stated about the proprietory interest in any other factory. It was argued by the respondent that there was no such requirement and therefore, by not mentioning the aforesaid fact, no suppression was made of any material. This contention was accepted by the CESTAT holding the show cause notice to be time barred. The CESTAT has also recorded that Revenue could not show that disclosure of financial matters by the assessee to the Department was legally required during the material period. - order of the CESTAT is without any blemish. - Decided against Revenue.

Summary

Issues:
- Assessment based on split value of clearances to evade duty
- Invocation of extended period of limitation under Section 11A of the Act
- Challenge regarding suppression of material facts
- Decision of the Customs, Excise and Service Tax Appellate Tribunal (CESTAT)

Assessment based on split value of clearances to evade duty:
The case involved M/s Ranka Wires Private Limited, accused of splitting the value of clearances into three units to evade duty payment by wrongly availing exemptions. The assessing authority passed an order after a show cause notice for assessment years 1992-1993 to 1995-1996. The Commissioner confirmed the findings, rejecting the contention that the extended period of limitation would not apply. The issue of splitting clearances to evade duty was central to the assessment.

Invocation of extended period of limitation under Section 11A of the Act:
The extended period of limitation was invoked due to the failure of the respondents to disclose their proprietory interest in another factory. The respondents argued that there was no requirement to disclose such information, hence no suppression of material facts occurred. The Customs, Excise and Service Tax Appellate Tribunal (CESTAT) accepted this argument, holding the show cause notice to be time-barred. The issue revolved around the interpretation and application of Section 11A of the Act regarding the extended period of limitation.

Challenge regarding suppression of material facts:
The respondents challenged the invocation of the extended period of limitation by arguing that there was no suppression of material facts since there was no legal requirement to disclose their proprietory interest in another factory. CESTAT agreed with this argument, stating that the Revenue failed to show that disclosure of financial matters by the assessee was legally required during the relevant period. This challenge focused on whether the failure to disclose certain information amounted to suppression of material facts.

Decision of the Customs, Excise and Service Tax Appellate Tribunal (CESTAT):
The CESTAT's decision was upheld by the Supreme Court, affirming that the order was without any blemish. The Court found no merit in the appeals, ultimately dismissing them. The judgment highlighted the importance of compliance with legal requirements and the proper interpretation of provisions related to the limitation period for assessing duty evasion cases.