2017 (7) TMI 483 - AT - Central Excise

SSI exemption - time limitation - Held that - As the appellants have cleared the finished products by paying duty on the assessable value arrived after including the amortized cost of free items, it is evident that the appellants are guilty of suppression of facts. Therefore, SCN issued invoking the extended period of limitation in our view is proper - demand upheld - appeal dismissed - decided against appellant.

Summary

Issues: Duty demand based on exclusion of cost of free items for availing SSI exemption, limitation period for show cause notice, suppression of facts to evade duty payment.

Analysis:

1. Duty Demand and SSI Exemption: The appellants were engaged in manufacturing Plastic Containers and availed SSI exemption for a specific period. The issue arose when it was discovered that the appellants excluded the cost of free items supplied by Oil Companies from the aggregate value of clearances to avail the SSI exemption benefit. The Department contended that this exclusion led to short payment of duty, resulting in a show cause notice being issued to the appellants. The adjudicating authority confirmed a duty demand along with interest and penalty. The appellants argued that they cooperated by providing details of the duty liability but failed to convince the Tribunal. The Tribunal held that the appellants deliberately excluded the value of free items to claim the SSI exemption wrongly, making them guilty of suppression of facts. Consequently, the appeal was dismissed.

2. Limitation Period for Show Cause Notice: The appellants raised the issue of limitation concerning the show cause notice dated 17.01.2005, which alleged suppression of facts for the period September 2002-03. The appellants contended that the duty liability was determined based on information provided by them, including a Chartered Accountant's certificate and detailed worksheets. They argued that since the duty was paid before the notice was issued, penalties should not have been imposed. However, the Tribunal upheld the extended period of limitation invoked in issuing the show cause notice, emphasizing that the appellants knowingly adopted different methods to calculate the assessable value, indicating an intent to evade duty payment.

3. Suppression of Facts: The Department argued that the appellants had knowledge that the cost of free items should be included in the assessable value to pay duty but intentionally excluded it to wrongfully claim the SSI exemption. The Tribunal agreed with this argument, stating that the appellants' deliberate non-inclusion of the value of free items while availing the SSI exemption demonstrated suppression of facts. Despite the appellants paying duty on the assessable value inclusive of the cost of free items for finished products, their actions indicated an attempt to evade duty payment. Therefore, the Tribunal found no merit in the appellants' appeal and dismissed it.

In conclusion, the Tribunal's judgment addressed the duty demand issue concerning the exclusion of the cost of free items for availing SSI exemption, the limitation period for the show cause notice, and the allegation of suppression of facts by the appellants. The decision highlighted the deliberate actions of the appellants in excluding the value of free items to claim undue benefits, leading to the dismissal of their appeal.