Home Case Index All Cases Central Excise Central Excise + AT Central Excise - 2013 (4) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2013 (4) TMI 561 - CESTAT MUMBAISSI Exemption - Clubbing of clearance - Holding and subsidiary company - Notification No. 175/86-CE & Notification No.1/93-CE - Held that - We find that in the present case the issue is whether the appellants are entitled for the benefit of Notification 175/86-CE and subsequently Notification 1/93-CE, therefore the ratio of the decision of the Hon'ble Gujarat High Court in CCE, Surat-II vs. Catalco Chemicals (P) Ltd. reported in [2011 (9) TMI 774 Gujarat High Court] is fully applicable on the facts of the present case. Revenue has to establish that there was mutuality of interest or financial flow back of the funds and in such cases the clearances of the holding and subsidiary private limited companies can be clubbed. In the present case we find that even in the show cause notice there was no such allegations. In the show cause notice the only allegation is that the holding company has share capital in the subsidiary company. There is no evidence regarding financial flow back on record. In these circumstances the impugned order is set aside and the appeals are allowed. - Decided in favor of assessee.
|