2015 (10) TMI 622 - AT - Central Excise

Tribunal grants exemption to company under Notification No. 50/03-CE

Tirupati LPG Industries Ltd. and others Versus CCE, Meerut-I

Tirupati LPG Industries Ltd. and others Versus CCE, Meerut-I - 2015 (324) E.L.T. 201 (Tri. - Del.) Issues Involved:1. Eligibility of the appellant company for exemption under Notification No. 50/03-CE.2. Interpretation of 'new industrial unit' and 'commercial production' under the exemption notification.3. Applicability of the exemption to the LPG cylinder unit based on substantial expansion.4. Validity of the Khasra numbers for the location of the manufacturing units.Issue-wise Detailed Analysis:1. Eligibility of the appellant company for exemption under Notification No. 50/03-CE:The appellant company, engaged in the manufacture of LPG cylinders and ACSR conductors, sought exemption under Notification No. 50/03-CE. The exemption was available to units located in specified areas and not manufacturing goods listed in Annexure I. The appellant's goods were not in the negative list, and the company claimed the exemption from July 2003 for conductors and from January 2004 for cylinders after substantial expansion.2. Interpretation of 'new industrial unit' and 'commercial production' under the exemption notification:The notification applied to new industrial units commencing commercial production on or after January 7, 2003, and units existing before this date but undertaking substantial expansion. The appellant argued that the conductor unit's production from October to December 2002 was trial production, and commercial production started in April 2003, making it eligible for exemption. The tribunal agreed, noting that trial production is distinct from commercial production, which starts after the completion of trial runs.3. Applicability of the exemption to the LPG cylinder unit based on substantial expansion:The LPG cylinder unit increased its capacity by more than 25% in January 2004. The department contended that both units (cylinders and conductors) should have expanded capacity to qualify for exemption. However, the tribunal held that each section of a factory manufacturing different commodities should be treated as separate manufacturing units. Thus, the cylinder unit's eligibility for exemption should be based on its capacity expansion alone, not the entire factory's capacity.4. Validity of the Khasra numbers for the location of the manufacturing units:The department argued that the appellant's factory was not eligible for exemption before May 19, 2005, as the Khasra numbers were not specified in Annexure II of the notification. The tribunal disagreed, stating that the factory was located in the notified industrial area even before the amendment. The amendment was deemed clarificatory, and the factory's eligibility for exemption was upheld for the period prior to May 19, 2005.Conclusion:The tribunal concluded that the appellant's factory was eligible for exemption under Notification No. 50/03-CE. The conductor unit's commercial production started in April 2003, and the LPG cylinder unit's substantial expansion qualified it for exemption. The Khasra numbers' amendment was clarificatory, not restrictive. The impugned order was set aside, and the appeals were allowed. The miscellaneous applications for extension of stay were dismissed as infructuous.