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TMI Blog2017 (4) TMI 1120X X X X Extracts X X X X X X X X Extracts X X X X ..... also clearing the goods against form H to the merchant exporter for onwards export. The case of the department is that the clearances made under Form H to merchant exporter would not be eligible for deduction from the aggregate value of the exemption under notification no.8/2003-C.E. dated 01.03.2003. accordingly, the value of the clearance made under Form H to merchant exporter is liable to be added in the aggregate clearance value and due to which the exemption limits exceeds and the appellants is not entitled to SSI exemption. Consequently, the central excise duty demand was proposed. The adjudicating authority confirmed the demand contending that as per the Board circular no.648/39/02-CX dated 25.07.2002 the export should be done direct ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e is against Form H that means the goods sold to merchant exporter has been exported and only thereafter the sales tax department issued Form H for this reason only the Board has accepted Form H as proof of export. Therefore, the contention of the revenue that the goods should be exported directly from the premises of the respondent is absolutely incorrect. 4. I have carefully considered the submission made by both sides. The respondent is availing SSI exemption. The board circular dated 25.07.2002 prescribed simplified export procedure for small scale manufacturer. the Board circular is reproduced below:- "Subject : Export by SSI Units - Simplified Export Procedure - Clarification - Regarding I am directed to refer to Part III of Chap ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ny other equivalent sales tax form is accepted as proof of export. The adjudicating authority interpreted the circular in a manner the goods should be supplied directly from the respondent factory. As per the facts of the present case, I find that goods were directly supplied by the respondent manufacturer from their factory to the merchant exporter and who in turn exported the goods. Therefore, in my considered view, condition of circular that the export should be through merchant exporter itself stands fulfilled. Whenever the manufacturer's goods are exported through merchant exporter, invariably the goods are sold by raising invoice to the merchant exporter, thereafter, the merchant exporter export the goods and for that reason the s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lar. I am therefore, of the considered view that once the respondents have submitted the Form H against their supply made to merchant exporter his responsibility is over after production of proof of export to the department. Thereafter the clearance against Form H has to be treated as clearance of export and same is not includable in the aggregate value for the purpose of SSI exemption notification 8/2003-C.E. This issue has been considered in following decisions:- * Ramani Plastics Pvt. Ltd. 2015 (317) ELT 343 (Tri) * Hare Krishna Boxes Pvt. Ltd. 2011 (267) ELT 525 (Tri) * Benara Bearings Pvt. Ltd. 199 (105) ELT 398 (Tri) * Merry Vs. CCE, Mumbai-II 2008 (226) ELT 422 (Tri) * Amar Packaging Industries - 2009 (247) ELT 574 (Tri) ..... X X X X Extracts X X X X X X X X Extracts X X X X
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