2006 (6) TMI 247 - AT - Central Excise

Tribunal upholds duty demand of Rs. 37.00 lakhs from assessee for SSI benefit denial

The Tribunal upheld the demand of duty amounting to over Rs. 37.00 lakhs from the assessee for the period 2000-2001 to 2004-2005 due to the denial of ... Stay/Dispensation of pre-deposit - Demand - Limitation - SSI Exemption Issues:1. Demand of duty based on denial of SSI benefit for the period 2000-2001 to 2004-2005.2. Inclusion of clearances of branded goods in the aggregate value for determining duty liability.3. Challenge of demand on the ground of time-bar and invocation of larger period of limitation.4. Setting aside of penalty imposed under Section 11AC and its impact on the demand of duty for the extended period.5. Requirement for pre-deposit by the assessee due to lack of evidence of financial hardships.Analysis:1. The judgment pertains to a demand of duty amounting to over Rs. 37.00 lakhs from the assessee for the period 2000-2001 to 2004-2005 due to the denial of Small Scale Industries (SSI) benefit. The assessee was eligible for exemption from duty payment on specified goods cleared beyond a certain limit, subject to conditions. The issue arose as the assessee did not include clearances of branded goods in the aggregate value for determining duty liability, leading to the demand. The lower authorities included these clearances, which the Tribunal found to be prima facie correct based on a clear understanding of the relevant notifications.2. The appellants challenged the demand on the ground of time-bar, arguing against the invocation of a larger period of limitation. The show cause notice was issued demanding duty for the mentioned period, with part of the demand falling within the normal limitation period and the rest beyond it. The appellants contended that the proviso to Section 11A(1) of the Central Excise Act should not apply as there was no willful evasion of duty. The Tribunal considered the submissions and found merit in the argument regarding the limitation period, especially in the absence of evidence of willful evasion.3. The judgment also addressed the setting aside of the penalty imposed under Section 11AC of the Act and its impact on the demand of duty for the extended period. The Tribunal noted that the factors relevant to the imposition of penalty under Section 11AC are similar to those for invoking a larger period of limitation. It was observed that while the penalty was set aside, no finding was recorded on whether the duty for the extended period was demandable from the assessee. Prima facie, the Tribunal found that the assessee made a case against the demand for a major part of the duty amount based on the limitation aspect.4. Lastly, due to the lack of evidence supporting the plea of financial hardships raised by the assessee, the Tribunal directed the assessee to pre-deposit a specified amount within a given timeframe. This requirement for pre-deposit was based on the absence of evidence on record supporting the claimed financial hardships. The Tribunal set a deadline for compliance with the pre-deposit directive.