2000 (3) TMI 427 - AT - Central Excise

Summary

Issues:
Confirmation of duty demand under Rule 9(2) of C.E. Rules, contravention of provisions of Central Excise Act, existence of dummy unit, clubbing of units, eligibility for SSI exemption.

Confirmation of Duty Demand under Rule 9(2) of C.E. Rules:
The appeal arose from an Order-in-Original confirming duty demand of Rs. 72,982.33 under Rule 9(2) of C.E. Rules and imposing a penalty of Rs. 5,000. The appellants were charged with manufacturing and clearing specific goods without a Central Excise License and not observing Central Excise formalities, leading to demands being confirmed by the Addl. Commissioner. The appellants argued they were only suppliers of raw materials to another unit, not manufacturers, but the Addl. Commissioner rejected this plea based on the manufacturing activities of the other unit and the relationship between the units.

Contravention of Provisions of Central Excise Act:
The Addl. Commissioner rejected the appellants' plea, stating that the other unit was a dummy unit existing solely due to the appellants and exclusively working for them, thereby confirming the demands. The appellants contended that there was no financial flow back between the units, and the other unit was not a dummy unit as held in previous cases. The Tribunal set aside the order, citing precedents that two independent units cannot be clubbed unless there is a financial flow back between them, which was not the case here.

Existence of Dummy Unit:
The defense argued that the other unit was a dummy unit due to various factors, including the ownership structure and lack of eligibility for SSI exemption. However, the Tribunal found that merely receiving labor charges did not qualify the other unit as a dummy unit, especially considering the independent existence and activities of both units. The Tribunal emphasized the need for financial flow back to establish clubbing of units, which was absent in this case.

Clubbing of Units:
The Tribunal, after careful consideration, concluded that the appellants had only supplied raw materials to the other unit, which was independently manufacturing on labor charges. The presence of common personnel or premises did not establish them as one unit. The Tribunal held that without financial flow back and control over all activities, units cannot be clubbed for excise duty purposes, aligning with legal precedents cited.

Eligibility for SSI Exemption:
The defense's argument regarding the other unit's ineligibility for SSI exemption due to manufacturing branded goods was countered by the Tribunal, emphasizing the independent existence and operations of both units. The Tribunal ruled in favor of the appellants, setting aside the impugned order and allowing the appeal with consequential relief as per law.