2013 (1) TMI 467 - AT - Central Excise

Tribunal Upholds SSI Exemption Based on Rural Location Certification

The Tribunal dismissed the Revenue's appeal challenging the eligibility of a factory for Small Scale Industry (SSI) exemption, affirming the factory's ... SSI exemption - Notification No.8/2001 - Jurisdiction of Factory – Urban or rural area – Whether the Tehsildar is the authority to verify whether a particular area of land falls under rural area or urban area – Held that:- When the Tahsildar of the area concerned certified to the effect that the factory falls under rural area and same has also not been challenged by the Revenue before any of the Revenue authorities, we are bound by the certificate issued by the Tahsildar concerned. Decides in favour of assessee Issues:1. Interpretation of the term 'Rural Area' for SSI exemption eligibility.2. Determination of the classification of a specific village under the Tamil Nadu Urban Land Tax Act.3. Reliance on certificates issued by local authorities in deciding the urban or rural status of an area.Analysis:Issue 1: Interpretation of 'Rural Area' for SSI exemption eligibilityThe appeal involved a dispute over the eligibility of a factory for the Small Scale Industry (SSI) exemption based on its location in a rural or urban area. The Revenue challenged the Commissioner (Appeals) decision granting SSI exemption to the factory, arguing that the village where the factory was situated should be classified as an urban area, thereby disqualifying the respondents from the exemption.Issue 2: Classification of a village under the Tamil Nadu Urban Land Tax ActThe Revenue contended that the village 'Nerkundram,' where the factory was located, fell within the definition of an urban area as per Rule 2(12A) of the Tamil Nadu Urban Land Tax Act. The Revenue's argument was based on the proximity of the village to the outer limits of a municipal town, which, according to the Act, classified the village as part of an urban area. This classification would render the respondents ineligible for the SSI exemption.Issue 3: Reliance on certificates issued by local authoritiesThe Tribunal examined the certificates issued by the Tahsildar of Ponneri, which stated that the factory was situated in a rural area. The Tribunal emphasized that the Tahsildar's certification was the authoritative determination of whether an area was rural or urban. Since the Revenue did not challenge the Tahsildar's certificate before any relevant authorities, the Tribunal upheld the certification and concluded that the factory was indeed located in a rural area, affirming the Commissioner (Appeals) decision to grant the SSI exemption.In conclusion, the Tribunal dismissed the Revenue's appeal, upholding the decision that the factory fell within a rural area and was eligible for the SSI exemption. The judgment underscored the significance of local authority certifications in determining the rural or urban status of an area for the purpose of tax exemptions.