2007 (8) TMI 193 - AT - Central Excise

Company entitled to Small Scale Industry exemption for 2003-04 under Notification No. 9/2003: Retrospective application upheld

The case involved a dispute over the eligibility of a company for Small Scale Industry (SSI) exemption under Notification No. 9/2003 for the financial ... Insertion of clarification – Central Govt. may insert an explanation at any time to clarify the issue – Not. 67/03 issued to insert a clarification in the Notification 9/03 – Such clarification will have effect as if the same is the part of original notification – SSI exemption available Issues:1. Eligibility for SSI exemption under Notification No. 9/2003 for the financial year 2003-04.2. Interpretation of Notification No. 67/2003 dated 11-8-2003 and its retrospective or prospective effect.Issue 1 - Eligibility for SSI exemption under Notification No. 9/2003 for the financial year 2003-04:The case involved a dispute regarding the eligibility of M/s. Swarnagiri Wire Insulations (P) Ltd. for the benefit of SSI exemption under Notification No. 9/2003 dated 1-3-2003 for the financial year 2003-04. The department contended that the respondents were not eligible as their clearances in the previous financial year exceeded the prescribed limit. A Show Cause Notice was issued demanding the benefit availed by the respondents, interest, and imposing a penalty. The Commissioner (Appeals) found that the respondents were eligible for the exemption as per the clarification provided in Notification No. 67/2003 dated 11-8-2003, which excluded certain clearances from the computation of aggregate value. The original authority's inclusion of clearances made under a different notification was deemed incorrect, leading to the allowance of the appeal by the respondents.Issue 2 - Interpretation of Notification No. 67/2003 dated 11-8-2003 and its retrospective or prospective effect:The crux of the matter revolved around the interpretation of Notification No. 67/2003 dated 11-8-2003 and its applicability. The Commissioner (Appeals) held that the explanation introduced through this notification had retrospective effect from 14-2003, thereby excluding certain clearances from the turnover calculation for the year 2002-03. This exclusion rendered the respondents eligible for the SSI exemption under Notification No. 9/2003. However, the Revenue contended that Notification No. 67/2003 had only prospective effect from its issuance date and should not be applied retrospectively. The final judgment dismissed the appeal filed by the Revenue, upholding the retrospective application of the notification as per the legal provisions under subsection (2A) of Section 5 of the Central Excise Act, 1944.In conclusion, the judgment clarified the eligibility criteria for SSI exemption and the retrospective application of notifications, emphasizing the importance of legal provisions in interpreting such matters.