2002 (12) TMI 130 - AT - Central Excise

SSI Exemption - Demand - Limitation - SSI Exemption - Clubbing of clearances - Confiscation and penalty

Issues Involved:
1. Clubbing of value of clearances for assessment of Central Excise Duty.
2. Eligibility for SSI exemption under various notifications.
3. Invocation of extended period of limitation.
4. Confiscation of goods and imposition of penalties.
5. Admissibility of Modvat credit.
6. Jurisdictional validity of penalties under Rule 209A.

Issue-Wise Detailed Analysis:

1. Clubbing of Value of Clearances:
The primary issue is whether the value of clearances of multiple units should be clubbed for the purpose of Central Excise Duty assessment. The Adjudicating Authority confirmed that Heemanshu Traders controlled the overall activities of manufacture and sales of various units, all of which were interconnected through mutual financial transactions and management. It was found that Heemanshu Traders had created other units to evade duty by staying within the SSI exemption limit. The Tribunal upheld the clubbing of clearances, citing substantial evidence of interlocking management, financial transactions, and mutual interest among the units.

2. Eligibility for SSI Exemption:
For the financial year 1985-86, the products manufactured by M.K. Industries were under Tariff Item 68, eligible for Notification No. 77/85-C.E., which provided exemptions up to Rs. 20 lakhs. The Tribunal noted that this benefit was not extended in the duty calculation. Similarly, for the years 1986-87 and 1987-88, the units were eligible for the benefits under Notification No. 175/86-C.E. as their aggregate clearances did not exceed Rs. 150 lakhs in the preceding financial year. The Tribunal directed the Adjudicating Authority to re-compute the duty liability considering these exemptions and Modvat credits.

3. Invocation of Extended Period of Limitation:
The Tribunal considered the argument that the Revenue had conducted inquiries in 1986 and was aware of the interconnections among the units. If the Department was aware of the facts, the extended period of limitation could not be invoked beyond 14-11-86. This aspect was remanded back to the Adjudicating Authority for examination.

4. Confiscation of Goods and Imposition of Penalties:
The Tribunal found that the show cause notice did not cover the confiscation of 5500 Kgs. of aluminium scrap, thus setting aside its confiscation and ordering its release without redemption fine. For the M.S. Scrap seized on 7-4-88, the Tribunal directed the Adjudicating Authority to consider the applicability of Notification No. 91/88-C.E. The penalties imposed under Rule 209A were set aside as the rule was not invoked in the show cause notice. The confiscation of plant, building, and machinery was also set aside, and the penalty on Heemanshu Traders was to be reconsidered after re-examining the extended period of limitation and duty liability.

5. Admissibility of Modvat Credit:
The Tribunal held that the appellants were entitled to Modvat credit of the duty paid on inputs used in the manufacture of final products. This credit should be accounted for while confirming the duty liability.

6. Jurisdictional Validity of Penalties under Rule 209A:
The Tribunal concluded that penalties under Rule 209A could not be imposed as the rule was not invoked in the show cause notice. The appellants must be given proper notice for the imposition of penalties under this rule.

Conclusion:
The Tribunal upheld the clubbing of clearances but directed the Adjudicating Authority to re-compute the duty liability considering the SSI exemptions and Modvat credits. The confiscation of certain goods and penalties under Rule 209A were set aside, and the case was partially remanded for further examination on specific aspects, including the invocation of the extended period of limitation.

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