2006 (3) TMI 606 - AT - Central Excise

Tribunal grants waiver & stay on duty demand for printed cartons.

The tribunal granted the waiver of predeposit and stay of recovery to the appellants in a case concerning the demand of duty and penalty on printed ... Stay/Dispensation of pre-deposit - SSI Exemption Issues:Demand of duty and penalty on printed cartons for the period 2002-03 to 2004-05, denial of SSI exemption, inclusion of export clearances in the aggregate value of clearances, interpretation of 'aggregate value of clearances' in SSI Notifications, reliance on case law and circulars for computation of clearances, waiver of predeposit and stay of recovery, early disposal of the appeal.Analysis:1. Demand of Duty and Penalty:The appellants were demanded duty of over Rs. 1 crore on printed cartons for the period 2002-03 to 2004-05, along with a penalty of an equal amount, by the adjudicating authority. This demand was based on the denial of SSI exemption Notifications for the mentioned period due to the exclusion of the value of goods cleared for export from the aggregate value of clearances. The Revenue contended that including the value of export clearances would exceed the prescribed exemption limit, making the appellants ineligible for SSI exemption during the relevant years.2. Inclusion of Export Clearances in Aggregate Value:The main contention revolved around whether the value of goods cleared for export should be included in the 'aggregate value of clearances' for the purpose of SSI exemption. The appellants argued that such export clearances should not be considered in this computation, while the department held the opposite view. Case law, circulars, and previous tribunal decisions were cited to support both positions, with references to specific cases like Polo Singh & Co. and Commissioner v. M/s. Radhey Paper Udyog. The Board's Circular dated 6-8-2003 clarified the method of quantifying the aggregate value of clearances, indicating that exempted goods value should be included but excluding exports.3. Waiver of Predeposit and Stay of Recovery:The appellants successfully made out a prima facie case for the waiver of predeposit and stay of recovery. Consequently, the tribunal granted the waiver of predeposit and stay of recovery as requested by the appellants, acknowledging the need for further examination of the case.4. Early Disposal of the Appeal:Although there was no specific application for early disposal, the tribunal decided to expedite the appeal's process due to the significant stakes involved in the case. The appeal was directed to be posted for final hearing on a specific date to ensure a prompt resolution of the matter.In conclusion, the judgment addressed the complex issues surrounding the demand of duty and penalty, the interpretation of the 'aggregate value of clearances' for SSI exemption, the reliance on legal precedents and circulars, the grant of waiver of predeposit and stay of recovery, and the decision for early disposal of the appeal to resolve the matter expeditiously.