2010 (3) TMI 974 - AT - Central Excise

Summary

Issues: Revenue's appeal against dropping proceedings by Collector of Central Excise.

Analysis:
1. Allegations by the Department: The Department alleged that a company was a dummy unit for another, duty was short-paid, and a veil was used to hide the actual manufacturer. A show-cause notice demanded differential duty and penalties.

2. Arguments by Parties: The Revenue argued for the assessable value based on prices charged by a specific company, claiming they supplied raw materials and marketed products. Respondents argued that the company was merely a trader, not relevant to assessments.

3. Examination of Records: The Tribunal found that the actual manufacturer was different, no loan license agreement existed, and raw materials were supplied by another company. The alleged manufacturer was considered a trader, not a manufacturer.

4. Loan License Concept: The Tribunal rejected the application of the loan license concept, concluding that the alleged manufacturer was a trader. The appropriate duty was paid by the actual manufacturer, and the matter was settled.

5. Dismissal of Appeals: The Tribunal dismissed all appeals, emphasizing that duty had been paid by the actual manufacturer, and the allegations against the other companies were not substantiated.

This detailed analysis of the judgment highlights the key issues, arguments presented by both parties, the examination of records, and the Tribunal's final decision to dismiss the appeals.