1991 (12) TMI 250 - AT - Central Excise

Summary

Issues involved: Determination of whether two separate units are actually one entity for the purpose of availing tax exemptions and penalties imposed under the Central Excises and Salt Act, 1944.

Summary:
The appeals were filed against an order levying duty and penalty on the appellants under the Central Excises and Salt Act, 1944. The issue arose from allegations that the two appellant units were one and the same, availing benefits under certain notifications. The appellants contended that both units were separate legal entities with distinct operations, registrations, and tax assessments. They argued that the adjudicating authority had misconstrued facts, leading to the impugned order.

Upon careful consideration, the Tribunal found that the evidence did not support the conclusion that both units were one and the same. The units had separate existence, filings, assessments, and accounts. The authorities had accepted their declarations, and there was no evidence of financial interdependence between the units. The adjudicating authority's findings, including the erroneous claim that one unit paid electricity charges for both, were deemed unsustainable. Therefore, the impugned order was set aside, and the appeals were allowed.

In a separate assent, it was noted that the units were started at different times and located in different places. The lower authority's findings were challenged, highlighting errors in attributing shared ownership, machinery availability, and workforce as evidence of unity. The appellants clarified discrepancies, such as separate electricity meters and explained the complementary nature of machinery distribution. Lack of concrete evidence regarding manufacturing activities and testing facilities led to the conclusion that the benefit of doubt should be given to the appellants, warranting the setting aside of the lower authority's order.