2014 (7) TMI 736 - AT - Central Excise

Tribunal upholds exemption despite Khasra renumbering, emphasizes actual unit location.

M/s JK. Tubes Versus CCE & ST, Jammu & Kashmir

The Tribunal held that the renumbering of Khasra numbers from 544 and 545 to 1388 and 1389 did not disqualify the appellant from the exemption under ... Exemption under Notification No. 56/2002-CE dated 14/11/02 - Renumbering of khasra numbers - area based exemption - Held that:- exemption is available to the goods other than the goods specified in Annexure I to the notification and which are cleared from the units located in the Industrial Growth Centres, Industrial Infrastructure Development Centres or Export Promotion Industrial Parks or Industrial Estates or Industrial Areas or Commercial Estates or Scheme Areas as the case may be, specified in Annexure II to this notification. There is no dispute that the goods being manufactured by the appellant are covered by this exemption. The renumbering of Khasra numbers is done by the Tehsil authorities, while the exemption notification, in question, has been issued by the Central Government. The Khasra numbers of which the industrial areas comprise have obviously been mentioned on the basis of the information furnished by the District authorities. If the local authorities have renumbered the Khasra number of which the industrial area or industrial estates comprises, the Central Government would amend the exemption notification only when the information in this regard is furnished by the State Government or the Jurisdictional Central Excise Authorities take initiative to inform the Central Board of Excise and Customs in this regard and in this process there would always be a time lap. But it does not mean that in the intervening period between the renumbering of Khasra number and correction of Khasra numbers in the exemption notification, the assessee, for none of his fault, should be deprived of the benefit of the exemption notification when his unit continues to be located at the same plot of land in the same industrial area/ industrial estate etc. notified in the exemption notification - Decided in favour of assessee. Issues Involved:1. Eligibility for exemption under Notification No. 56/2002-CE.2. Impact of renumbering of Khasra numbers on the exemption eligibility.3. Interpretation of exemption notifications in light of judicial precedents.Issue-wise Detailed Analysis:1. Eligibility for exemption under Notification No. 56/2002-CE:The appellant's unit, located in the State of Jammu & Kashmir, manufactures GI Pipes, MS Black Pipes, MS Scrap, Zinc Ash, and Zinc Dross, which are chargeable to Central Excise duty. The unit availed exemption under Notification No. 56/2002-CE, as it was located in the specified area and the goods manufactured were covered by this exemption notification. The unit was situated at Khasra No. 544 and 545 in Kangrial Industrial Area, Village/Police Station Domana, Jammu Tehsil, District Jammu. The exemption was initially granted based on the unit's location within the specified industrial area.2. Impact of renumbering of Khasra numbers on the exemption eligibility:The Khasra numbers of the appellant's unit were renumbered from 544 and 545 to 1388 and 1389 by local authorities in 2006-2007. The Central Government did not amend Notification No. 56/2002-CE to reflect this change. The Department contended that the renumbered Khasra numbers (1388 and 1389) did not appear in the exemption notification, thus disqualifying the appellant from the exemption. Despite the Tehsildar, Jammu's certification confirming the renumbering and unchanged location of the unit, the original Adjudicating Authority and the Commissioner (Appeals) denied the exemption.3. Interpretation of exemption notifications in light of judicial precedents:The appellant argued that the renumbering of Khasra numbers should not affect the exemption eligibility, as the unit's location remained unchanged within the notified industrial area. They contended that it was the Central Government's responsibility to amend the notification, similar to the previous amendment for Khasra No. 1218. The Department, citing various Supreme Court judgments, argued that exemption notifications must be strictly construed based on their wording. Since the renumbered Khasra numbers (1388 and 1389) were not listed in the notification, the exemption could not be extended to the appellant's unit.Tribunal's Findings:The Tribunal noted the undisputed facts:- The appellant's unit was located at Khasra No. 544 and 545, renumbered as 1388 and 1389.- The location within Kangrial Industrial Area was certified by Tehsildar, Jammu.- The industrial area was specified in Annexure II of the exemption notification.The Tribunal emphasized that the exemption notification's first paragraph did not specify that the industrial areas must comprise the exact Khasra numbers listed in Annexure II. The exemption was based on the unit's location within the specified industrial area. The renumbering of Khasra numbers by local authorities should not affect the exemption eligibility, as the unit's location remained unchanged. The Tribunal held that the appellant should not be deprived of the exemption due to the administrative delay in updating the notification.Conclusion:The Tribunal set aside the impugned order, allowing the appeal, stay application, and miscellaneous applications. The renumbering of Khasra numbers did not disqualify the appellant from the exemption under Notification No. 56/2002-CE, as the unit's location within the specified industrial area remained unchanged. The Tribunal's decision emphasized the importance of the unit's actual location over the administrative details of Khasra numbering.