2016 (2) TMI 326 - AT - Central Excise

Duty concession under notification no. 50/03 CE dated 10/6/2003 w.e.f. 7/11/2005 denied - eligibility for the exemption based on the expansion of installed capacity by 25 per cent or more - Held that - We find that from the letter dated 17/2/2009 issued by the Deputy Director of Industries District Solan Himachal Pradesh that the revised capacity after substantial expansion has been above 25% of bonnet assembly consisting of 52 parts and sheet metal for tractors. This communication makes it clear that the enhancement in installed capacity is for overall bonnet assembly and not for single component only. We find that the appellants have also submitted a certificate dated 25/7/2015 issued by Chartered Engineers to the effect that the listed 52 items are parts of bonnet assembly for tractor and these are joined or welded altogether to complete the full assembly. Most of these parts are listed as sheet metal parts which are manufactured using hydraulic press. Considering the various evidences submitted by the appellant and the categorical report received from the District Industries Authorities of the State Government, we find that the appellants had executed substantial expansion of installed capacity of more than 25 per cent and as such are eligible for the exemption claimed under notification no. 50/03 CE. - Decided in favour of assessee.

Summary

Issues:
1. Eligibility for duty concession under notification no. 50/03 CE based on expansion of installed capacity by 25% or more.
2. Whether replacement of machinery constitutes expansion of capacity.
3. Whether enhanced capacity applies to all products manufactured.

Issue 1: Eligibility for duty concession under notification no. 50/03 CE based on expansion of installed capacity by 25% or more:

The appellants claimed duty concession under notification no. 50/03 CE citing a substantial expansion of their installed capacity by over 25%. However, the Department denied the exemption, stating the appellant failed to prove the expansion. The Assistant Commissioner and Commissioner (Appeals) upheld this decision. The Tribunal initially dismissed the appeals, but the High Court remanded the matter for a fresh consideration. The appellants provided detailed contentions supporting their claim, including certificates and declarations confirming the capacity expansion. The Tribunal observed that the increase in installed capacity involves changes in machinery, including replacement, as seen in legal precedents. The Tribunal concluded that the appellants had indeed expanded their capacity by more than 25% and were eligible for the exemption.

Issue 2: Whether replacement of machinery constitutes expansion of capacity:

The Revenue argued that replacing machinery should not be considered as expanding capacity. However, the appellants presented evidence countering this claim. The Tribunal referenced legal cases where the replacement of machinery with increased capacity was deemed within the scope of exemption notifications. The Tribunal clarified that substantial expansion can occur through the addition or replacement of existing machinery. Therefore, the replacement of machinery by the appellants did contribute to the overall increase in installed capacity.

Issue 3: Whether enhanced capacity applies to all products manufactured:

The Revenue contended that the enhanced capacity only related to one product, not all items manufactured by the appellants. However, the Deputy Director of Industries confirmed that the revised capacity after expansion exceeded 25% of the bonnet assembly, consisting of 52 parts. The Tribunal reviewed certificates and reports submitted by the appellants, along with the District Industries Authorities' findings. It was established that the capacity increase applied to the overall bonnet assembly, comprising various components welded together. Considering the evidence and reports, the Tribunal ruled in favor of the appellants, stating they had executed a substantial expansion of installed capacity and were entitled to the claimed exemption.

This detailed analysis of the judgment highlights the key issues, arguments presented, and the Tribunal's conclusions, providing a comprehensive understanding of the legal proceedings and decision.