2017 (11) TMI 933 - AT - Central Excise

Area Based Exemption - N/N. 50/2003-CE dt. 26.02.2003 - clubbing of clearance of production of two different units - Held that - reliance placed in the case of Tencon Industrial Corporation Vs. CCE, Bombay -I- 2003 (7) TMI 76 - SUPREME COURT OF INDIA wherein it was held that where a factory produced more than one excisable goods production is by one unit and as such the clearances cannot be clubbed together - appeal dismissed - decided against Revenue.

Summary

Issues:
1. Interpretation of Notification No.49/2003-CE and Notification No.50/2003-CE for exemption from Central Excise Duty.
2. Distinction between factory and industrial unit for the purpose of excise duty exemption.
3. Application of the concept of new industrial units and substantial expansion in excise duty exemption cases.

Analysis:
1. The case involved the interpretation of Notification No.49/2003-CE and Notification No.50/2003-CE for exemption from Central Excise Duty. The appellant, engaged in manufacturing various products, claimed exemption under these notifications. The dispute arose regarding the eligibility of certain products like Pan Chatni and Scented Elaichi for exemption under the notifications. The Revenue contended that the appellant wrongly availed exemptions and contravened the provisions of the notifications, leading to a demand of duty, interest, and penalty.

2. The Tribunal analyzed the distinction between a factory and an industrial unit for excise duty exemption purposes. It was argued that the production of individual excisable products cannot be considered as clearances of an industrial unit, especially when the majority of production is of a different product not covered under the exemption notifications. The Tribunal referred to relevant case laws and held that the concept of an industrial unit is distinct from a factory, emphasizing that an industrial unit must be exclusively used for the manufacture of goods eligible for exemption.

3. The Tribunal also addressed the application of the concept of new industrial units and substantial expansion in excise duty exemption cases. It noted that Notification No.50/2003-CE grants exemption to new industrial units commencing production after a specified date. The Tribunal referred to previous judgments to clarify the conditions for eligibility under the notification, emphasizing the importance of the date of commencement of commercial production in determining the status of an industrial unit. It upheld the Commissioner's decision regarding substantial expansion, highlighting the need to assess capacity expansion on a unit-wise basis rather than considering the entire factory.

In conclusion, the Tribunal dismissed the Revenue's appeal, upholding the Commissioner's decision regarding the interpretation of the notifications, distinction between factory and industrial unit, and application of the concept of new industrial units and substantial expansion in excise duty exemption cases. The detailed analysis provided clarity on the legal issues involved and the application of relevant legal principles and precedents in the judgment.