CESTAT Bangalore: Amendment excludes job work value from clearance computation.

MIDAS PRECURED TREADS PVT. LTD. Versus COMMISSIONER OF C. EX., COCHIN

MIDAS PRECURED TREADS PVT. LTD. Versus COMMISSIONER OF C. EX., COCHIN - 2006 (200) E.L.T. 423 (Tri. - Bang.) Issues:
- Computation of aggregate value of clearances for SSI exemption under Notification No. 9/2003
- Prospective application of amendment to Notification No. 9/2003

Analysis:

The appeal before the Appellate Tribunal CESTAT, Bangalore pertained to the computation of the aggregate value of clearances for the year 2002-2003, crucial for availing SSI exemption under Notification No. 9/2003. The appellants engaged in both self-manufacture and job work, with the value of job work initially considered in determining the aggregate value of clearances. However, an amendment through Notification 67/2003 excluded the need to consider job work value for computing the aggregate value. The primary issue revolved around the prospective application of this amendment.

The Revenue contended that the amendment should only apply prospectively from its date, while the appellant argued for a simple retrospective application due to its impact on clearances of the previous financial year. Reference was made to a Tribunal decision in a similar case supporting retrospective application when the value of goods cleared in a previous year was altered by an amending notification. The Tribunal's decision emphasized the relevance of the amendment to clearances made in the relevant year affected by the altered value.

The Tribunal, after reviewing the records and notifications, concluded that the amendment directly addressed the computation of the aggregate value of clearances for the previous year. The Tribunal dismissed the need for a retrospective versus prospective debate, emphasizing the straightforward application of the amendment. Following the Tribunal's earlier decision and the clear wording of the amendment, the value of clearances on a job work basis was not to be included in the computation. Consequently, the impugned orders were set aside, and the stay applications and appeals were allowed with consequential relief.

In summary, the Tribunal's decision focused on the straightforward application of the amendment to exclude job work value from the computation of aggregate clearances, supporting the appellant's position for a simple application of the amendment without delving into retrospective or prospective considerations.