2019 (5) TMI 584 - AT - Central Excise

SSI Exemption - crossing of threshold limit - appellant submits that show cause notices were not issued to V K Industries and Harsh Enterprise, therefore, the entire case of the department does not sustain - validity of SCN - HELD THAT - In the show cause notice itself, the value of trading sale has not been clubbed in the aggregate sale of value of M/s Dhara Engineering Works, Riya Industries and N K Engineering, therefore, the said issue has already been addressed. The case was made out by the officers wherein there is no any doubt as the transaction were found recorded in the books of M/s V K Industries and Harsh Enterprise and the same was endorsed by the partners and proprietor of the manufacturing unit by giving confessional statements, therefore, the demand in principle confirmed by the lower authority is legal and correct. Benefit of Cum-duty price - the lower authority has rejected the plea of appellant only on the ground that appellant have suppressed the fact - HELD THAT - The findings of the lower authority is not convincing for the reason that even in case of clandestine removal, for computing the demand, the cum duty benefit has to be extended to the assessee, accordingly, the demand needs to be re-computed by considering the price as cum duty. Matter remanded to the adjudicating authority for limited purpose of quantification of demand - appeal allowed by way of remand.

Summary

Issues:
- Alleged misuse of SSI exemption Notification No. 8/03-CE by manufacturing units.
- Clubbing of sales value from dummy firms with manufacturing units' clearances.
- Demand of duty and penalty imposition on manufacturing units.
- Non-issuance of show cause notices to dummy firms.
- Dispute over cum-duty benefit denial.
- Relevance of trading activity by dummy firms.

Analysis:
1. Misuse of SSI Exemption: The case involved three manufacturing units availing SSI exemption but allegedly exceeding the exemption limit by clearing goods through dummy firms. Central Excise Officers found that the sales recorded in the dummy firms' books were related to goods manufactured by the manufacturing units, leading to the exceeding of the exemption limit for two units.

2. Clubbing of Sales Value: The Revenue clubbed the sales value from dummy firms with the clearances of the manufacturing units, resulting in the demand of duty on the exceeded clearance value and imposition of penalties. The partners and proprietor of the manufacturing units acknowledged the connection between the sales recorded in the dummy firms and their own clearances.

3. Show Cause Notices: The appellant argued that show cause notices were not issued to the dummy firms, questioning the sustainability of the department's case. The appellant contended that the trading activity of the dummy firms should not be considered as part of the manufactured goods' value, emphasizing the independent nature of their operations.

4. Cum-Duty Benefit Dispute: The lower authority denied the cum-duty benefit to the appellant, citing suppression of facts. The appellant referenced various judgments to support their claim. However, the Tribunal disagreed with the lower authority's decision, emphasizing that even in cases of clandestine removal, the cum-duty benefit must be extended to the assessee for computing the demand accurately.

5. Remand for Quantification: The Tribunal remanded the matter to the adjudicating authority for quantifying the demand, specifically directing the consideration of the price as cum duty for re-computing the demand. This decision aimed to ensure a fair and accurate assessment of the duty liability in light of the cum-duty benefit entitlement.

This detailed analysis of the judgment highlights the key issues, arguments presented by both sides, relevant legal principles, and the Tribunal's decision to remand the matter for further quantification, ensuring a just resolution based on the legal considerations discussed during the proceedings.