2007 (12) TMI 368 - AT - Central Excise

SSI Exemption - Date of effect - Notification No. 8/2001-C.E. amended by Notification No. 47/2001-C.E.

Summary

Issues Involved:
1. Eligibility of the appellant to avail the benefit of Notification No. 8/01-C.E.
2. Classification of the appellant's products under the correct Chapter Heading.
3. Applicability of Notification No. 47/01 retrospectively or prospectively.

Detailed Analysis:

Issue 1: Eligibility to Avail the Benefit of Notification No. 8/01-C.E.
The primary issue is whether the appellant can avail the benefit of Notification No. 8/01-C.E. The adjudicating authority denied this benefit on the grounds that the appellant's products fall under Chapter Heading 9306, which is not included in Notification No. 8/01. The appellant argued that Notification No. 47/01, which amended Notification No. 8/01 to include Chapter 9306, should apply retrospectively. The Tribunal, referring to the case of Mahapravu Moulding Works v. CCE, Kolkata-II, concluded that Notification No. 47/01 is clarificatory in nature and thus applies retrospectively. Consequently, the appellant is eligible for the benefits under Notification No. 8/01.

Issue 2: Classification of the Products
The appellant contended that their products (Plunger, Plunger guide, Ignition Element, Inner Case) should be classified under Chapter Heading 36.03 as parts of products used in ammunition, rather than under Chapter Heading 9306. The Tribunal examined the HSN Explanatory Notes and found that the products, being parts without any explosive or inflammable charges, do not fall under Chapter 9306 or 36.03. Instead, they should be classified according to their base material, which would place them under the respective headings for basic metals (e.g., Chapter 74 for articles of brass). Thus, the Tribunal accepted the appellant's contention and reclassified the products under the appropriate chapter headings for basic metals.

Issue 3: Applicability of Notification No. 47/01
The Tribunal needed to determine whether Notification No. 47/01, which amended Notification No. 8/01 to include Chapter 9306, applies retrospectively. By referencing the Tribunal's decision in Mahapravu Moulding Works and the Supreme Court's decision in WPLL Ltd. v. CCE, Meerut, the Tribunal concluded that Notification No. 47/01 is clarificatory and thus applies retrospectively. This means that the clearances made by the appellant between 1-4-2001 and 30-9-2001 are eligible for the SSI exemption under Notification No. 8/01 as amended by Notification No. 47/01.

Conclusion:
The Tribunal held that Notification No. 47/01 is clarificatory and applies retrospectively, thereby allowing the appellant to avail the benefits of Notification No. 8/01. The products manufactured by the appellant should be classified under the respective headings for basic metals, not under Chapter 9306 or 36.03. Consequently, the appeal filed by the appellant was allowed, and the impugned order was set aside.

Final Judgment:
The appeal filed by the appellant is allowed in toto, and the impugned order is set aside.