2018 (11) TMI 667 - AT - Central Excise

Tribunal sets aside Commissioner's decision, emphasizes total turnover calculation for SSI exemption eligibility.

The Tribunal ruled in favor of the appellant, setting aside the Commissioner (Appeals)'s decision. It emphasized the importance of including all ... SSI Exemption - inclusion of value of clearances of the exempted goods in their total turnover - Time Limitation - Held that:- The provisions of N/N. 8/2003 dated 01/03/2003 under para-3A are very clear that the except the clearances as mentioned under para-3A all other clearances need to be included in the aggregate value of turnover for deciding the SSI eligibility under N/N. 8/2003 - Since the clearances of SHASHTROKTA medicines have not been included in the total turnover by the appellant for the relevant financial years and therefore they have failed to pay central excise duty as per law. Time Limitation - Held that:- The appellant did not have any intention of evading central excise duty, at the same time it is found that the charges of suppression, mis-declaration or fraudulent intention with the purpose of evading central excise duty, as is required for invoking the extended time proviso under Section 11A of Central Excise Act are not available in the in the facts of the matter - demand is barred by period of limitation. Appeal allowed - decided in favor of appellant. Issues:1. Interpretation of SSI exemption under Notification No. 8/2003.2. Inclusion of exempted goods in total turnover for central excise duty calculation.3. Applicability of extended time proviso under Section 11A of Central Excise Act.4. Allegations of suppression, mis-declaration, and fraudulent intention for evading central excise duty.Analysis:1. The appellant, engaged in manufacturing medicines falling under Central Excise Tariff Heading 30039011, availed SSI exemption under Notification No. 8/2003. The Department alleged that the appellant exceeded the turnover limit and should have included the value of clearances of exempted goods in their total turnover. A show cause notice was issued, leading to confirmation of central excise duty and penalty by the Additional Commissioner. The Commissioner (Appeals) upheld the decision, prompting the appellant's appeal before the Tribunal.2. The appellant argued they believed exempted goods' value need not be included in total turnover for SSI exemption. They claimed unawareness about including SHASTROKTA medicines' clearances in turnover calculation. The appellant emphasized their declarations to the Department, showing no intention to evade duty. The Tribunal noted the failure to include SHASTROKTA medicines' clearances in turnover calculation, as required by Notification No. 8/2003, leading to non-payment of central excise duty.3. The Tribunal found the demand for duty on the appellant legally valid but held the demand barred by limitation due to the absence of intention to evade duty or evidence of suppression, mis-declaration, or fraudulent intent. Citing the declarations made by the appellant to the Department, the Tribunal concluded that the demand was not sustainable under the extended time proviso of Section 11A of the Central Excise Act.4. Ultimately, the Tribunal set aside the Commissioner (Appeals)'s order, ruling in favor of the appellant. The decision highlighted the importance of including all clearances, including exempted goods, in the total turnover calculation for determining SSI eligibility under relevant notifications. The Tribunal emphasized the legal obligation to pay central excise duty as per the law while considering the appellant's genuine belief and lack of fraudulent intent in the case at hand.