2002 (5) TMI 429 - AT - Central Excise

Summary

Issues:
1. Duty demand and penalty imposed on the appellant company.
2. Allegation of concealment of facts regarding amalgamation.
3. Time-barred demand raised by the excise department.

Analysis:
1. The appeal was filed against the Order-in-appeal confirming duty demand of Rs. 2,87,435/- along with penalties imposed on the appellant company. The Commissioner (Appeals) affirmed the order-in-original passed by the Joint Commissioner, leading to the filing of the appeal. The appellant company, engaged in manufacturing, amalgamated with another company, and the issue arose regarding the clubbing of clearances and duty liability post-amalgamation. The duty demand and penalties were contested by the appellant company but were confirmed by the adjudicating authority and the Commissioner (Appeals).

2. The main contention was the effective date of the amalgamation between the appellant company and the transferor company. The appellant claimed that the amalgamation was effective from 24-12-99, while the excise department contended it was from 1-4-99. The High Court order specified the transfer date as 1-4-99, and all assets, liabilities, and business activities were transferred to the appellant company from that date. The clubbing of clearances from 1-4-99 was deemed valid based on the High Court's amalgamation scheme, despite the registration date with the Registrar of Companies being 24-12-99.

3. The appellant argued that the demand raised was time-barred as the excise department was aware of the amalgamation before issuing the show cause notice. However, it was found that the resolution regarding amalgamation effective from 1-4-99 was not brought to the department's notice. The excise duty evasion due to suppression of material facts regarding amalgamation was evident, justifying the invocation of the extended period of limitation. Legal precedents cited by the appellant were deemed inapplicable due to the specific circumstances of the case. The Commissioner (Appeals) upheld the order, dismissing the appeal for lack of merit.