1999 (5) TMI 452 - AT - Central Excise

Issues Involved:
1. Clubbing of production of two units (CRI and DR).
2. Validity of the Show Cause Notice (SCN) issued by the Additional Collector.
3. Evidence supporting the clubbing of the two units.
4. Imposition of penalties on the proprietorship concern and its proprietor.
5. Imposition of penalties on the partners of DR.

Detailed Analysis:

1. Clubbing of Production of Two Units (CRI and DR):
The central issue was whether M/s. Continental Rubber Industries (CRI) and M/s. Dupont Rubber (DR) were independent entities or if their production should be clubbed for the purpose of excise duty. The SCN alleged that DR was not an independent unit but was artificially fragmented to evade Central Excise duty. Both units shared management, labor, machinery, and production facilities. The Collector confirmed that DR lacked independent manufacturing capacity, relying on statements from employees and partners that indicated shared resources and control by CRI. The Tribunal upheld this finding, noting the lack of independent infrastructure for DR and the shared use of machinery and facilities.

2. Validity of the Show Cause Notice (SCN) Issued by the Additional Collector:
The appellants contended that the SCN was invalid as it was issued by the Additional Collector rather than the Collector, a mandatory requirement under Section 11A of the Central Excise Act, 1944. Although a corrigendum was later issued to correct this, the appellants argued it was insufficient. The Tribunal found no invalidity in the SCN, citing Rule 2(ii) of the Central Excise Rules, which included the Additional Collector within the definition of 'Collector'. This was supported by the Karnataka High Court decision in Engineering Systems (P) Ltd. v. Union of India.

3. Evidence Supporting the Clubbing of the Two Units:
The appellants provided documentary evidence to show that CRI and DR were separate entities with independent machinery and infrastructure. However, the Collector relied on statements from employees and partners indicating shared use of facilities and machinery. The Tribunal found sufficient evidence of suppression and misrepresentation in the declarations under Rule 174A, justifying the extended period for duty demand. The Tribunal noted that the physical space available did not support the installation of two independent sets of machinery, reinforcing the conclusion that the units were not genuinely independent.

4. Imposition of Penalties on the Proprietorship Concern and Its Proprietor:
The Tribunal addressed the issue of imposing penalties on both the proprietorship concern (CRI) and its sole proprietor, Harish Mehra. It set aside the penalty on Harish Mehra, following the principle that penalties should not be imposed on both the entity and its proprietor. The penalty of Rs. One lakh on CRI was upheld.

5. Imposition of Penalties on the Partners of DR:
The penalties on the partners of DR, Ravinder Mehra and Lata Mehra, were also contested. The Tribunal found that the impugned order did not provide specific findings under Rule 209A against them. Consequently, the penalties on the partners were set aside due to the lack of detailed justification.

Conclusion:
The Tribunal upheld the duty demand of Rs. 4,68,547.75 and the penalty of Rs. One lakh on M/s. Continental Rubber Industries. However, it set aside the penalties on Harish Mehra, the sole proprietor of CRI, and the partners of DR, modifying the impugned order to that extent.

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