9911796707
|
Home
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2017 (12) TMI 72 - AT - Central ExciseSSI Exemption - includibility - defence supply - Held that - defence supply shall be includible in the clearances in absence of any law to such exclusion while computing the aggregate value for SSI benefit - appeal dismissed - decided against appellant.
Issues:
1. Entitlement to avail SSI Exemption Notification No.08/2003-CE during the disputed period. Analysis: The case involved the appellants, who were manufacturers of boats and spares availing SSI exemption under Notification No.8/2003 for the financial year 2004-05. The department alleged that the appellants wrongly availed the exemption since their turnover exceeded ?3 crores during the preceding financial year 2003-04. A show cause notice was issued proposing a duty demand of ?3,95,865/- with interest and penalty. The adjudicating authority confirmed the duty demand, interest, and imposed an equal penalty, which was upheld by the Commissioner (Appeals), leading to the current appeal. The main issue for decision was whether the appellants were entitled to avail the SSI Exemption Notification No.08/2003-CE during the disputed period. Upon hearing both sides and examining the records, the Tribunal noted that an identical issue had been decided against the appellant in their previous case. The Tribunal referred to its Final Order No.40351/2017, where it was stated that defense supply should be included in clearances for calculating the aggregate value for SSI benefit. The Tribunal dismissed the appeal based on the precedent set in the earlier case, emphasizing that without evidence showing that the price was inclusive of duty, no relief could be granted. Consequently, the current appeal was dismissed in line with the Tribunal's previous decision. In conclusion, the Tribunal upheld the decision of the lower authorities, denying the appellants the entitlement to avail the SSI Exemption Notification No.08/2003-CE during the disputed period based on the established legal principles and precedents. The appeal was dismissed, affirming the duty demand, interest, and penalty imposed by the adjudicating authority.
|
