2018 (9) TMI 304 - AT - Central Excise

SSI exemption - clubbing of clearances - Dummy units - N/N. 8/2000-CE & 8/2001-CE. - Held that - During the period 01.04.2000 to 31.03.2001, the goods cleared on transfer voucher were ₹ 84,54,291/- and total clearances were ₹ 1,74,63,617/-. If the goods cleared on transfer voucher is reduced, in that circumstances, the total turnover fall within the exemption limit of ₹ 1 Crore. For the period 01.04.2001 to 25.09.2001, the total goods cleared on transfer voucher were ₹ 71,78,508/- whereas, the total sales for the said period of ₹ 1,31,30,386/-. If the goods cleared on transfer voucher is reduced, the clearance will be come down below of ₹ 1 Crore of the exemption limit. These facts were not considered by the authorities below. If the clearance made on the strength of transfer voucher have been reduced from the clearance made invoices or vice-versa, in that circumstances, the turnover of the appellant, if calculated remained the below the SSI exemption limit of ₹ 1 crore - the appellants are enjoying the benefit of SSI exemption notification and are not required to pay duty till their clearance exceeds the SSI exemption limit - appeal allowed - decided in favor of appellant.

Summary

Issues:
- Applicability of SSI Exemption under Central Excise Act, 1944
- Allegations of suppression of production and clearance of goods on invoices of other entities
- Clubbing of clearances for duty calculation
- Verification of factual positions regarding duplication in demand based on transfer vouchers and invoices

Analysis:

Applicability of SSI Exemption under Central Excise Act, 1944:
The appellants were engaged in manufacturing Food Supplement products falling under sub-heading 2108.99. They were claiming SSI Exemption specified under Notification No. 8/2000-CE & 8/2001-CE. The goods were liable to duty on MRP basis under Section 4A of the Central Excise Act, 1944. The key issue was whether the appellants were eligible for the SSI exemption and if their clearances fell within the exemption limit of ?1 Crore.

Allegations of Suppression of Production and Clearance of Goods on Invoices of Other Entities:
The proceedings were initiated against the appellants based on the allegation that they suppressed their production and cleared goods on the invoices of other entities to remain within the exemption limit. The authorities contended that the clearances of both units should be clubbed together as they exceeded ?1 Crore, making the appellants liable to pay duty. The appellants argued that the alleged clearances did not support the motive of clearing goods on other invoices to gain unlawful benefits.

Clubbing of Clearances for Duty Calculation:
The appellate authority found that the appellants initially cleared goods on transfer vouchers and later issued invoices. By considering the actual clearances made by the appellants, it was revealed that if the goods cleared on transfer vouchers were reduced, the total turnover would fall within the exemption limit of ?1 Crore. The authorities failed to consider these crucial facts, leading to the conclusion that the appellants were enjoying the benefit of the SSI exemption notification.

Verification of Factual Positions Regarding Duplication in Demand:
The appellants argued that the duty calculation included duplication based on transfer vouchers and invoices. They contended that if the duplication was excluded, the clearances would fall below the SSI exemption limit. The appellate tribunal found that the details in the sale registers tallied with the transfer vouchers, indicating that the appellants were entitled to the SSI exemption. The impugned order demanding duty from the appellants was set aside based on these findings.

In conclusion, the appellate tribunal allowed the appeals, providing consequential relief to the appellants, as they were found to be within the SSI exemption limit and not liable to pay duty.