1996 (6) TMI 296

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....respect, he drew our attention to the SCN issued. In para 3 of the SCN it was mentioned that proviso to sub-section (1) of Section 11A is attracted and the appellant wilfully suppressed the fact of cancellation of SSI registration and availed the said exemption irregularly in contravention of the rules. It is further seen that in the statement of facts, the allegation made is as follows :- "They have wilfully suppressed the fact of cancellation of SSI registration with retrospective effect i.e. 30-9-88 and further they have not also intimated the fact of DGTD recognition given to them." 3. A perusal of the show cause notice goes to show that suppression on their part is alleged on two counts, namely, - (i)   &nb....

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....tinues to be a SSI unit. The above said letter which is at page 100 of the paper book is reproduced below :- "This has reference to your letter cited. On inspection of the unit by the General Manager, District Industries Centre, Chinglepet, it was noticed that your unit is still holding a SSI certificate and that you have applied for COB licence. You have not obtained the COB licence so far. You are, therefore, informed that it is not possible to consider the application for IFST deferral payment under medium/large scale industries. You are requested to file application with General Manager, District Inds. Centre to obtain eligibility certificate as an SSI unit if you desire so." A perusal of this letter goes to show that the appellan....

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....e a SSI unit up to 13-12-89. It is also seen that in the above said letter the appellant was told that he is entitled for the benefit of notification 175/86. This clearly goes to show that in terms of the above letters issued by the concerned authorities, the appellant acted on a bona fide manner and there can never be a question of wilful suppression with an intention to evade payment of duty. The appellant was also paying duty at the standard rate at the time when the SSI registration was cancelled. This is another factor which strengthens that the appellant always acted bona fide and the moment the appellant crosses the limit of Rs. 35 lakhs they were eligible to apply for a certificate. 9. The learned Counsel drew our attention ....