2004 (4) TMI 351 - AT - Central Excise

Summary

Issues:
1. Praying for waiver of duty amount and penalty in multiple appeals.
2. Allegation of related persons between two units.
3. Discharge of burden to show commercial consideration.
4. Financial hardship and request for total waiver.
5. Consideration of mutuality of interest and pre-deposit requirement.

Analysis:

1. The appellants sought a waiver of duty amount and penalties in various appeals. The Department alleged that the appellants' unit and another unit were related persons, with major shareholding by father and son. The Commissioner found that sales to the other unit were at a higher price, indicating a lack of commercial consideration. The appellants argued against this, presenting evidence of commercial pricing and financial hardship. The Tribunal ordered a pre-deposit of Rs. 10,00,000 towards duty, with the balance waived upon compliance within three months.

2. The Department initiated proceedings based on the allegation of related persons between the appellants' unit and another unit. The Commissioner's findings highlighted the shareholding relationship between father and son in both units, leading to a conclusion of related persons. The appellants contended that there was no mutuality of interest and provided evidence of independent pricing. The Tribunal acknowledged the lack of mutuality requirement but upheld the Commissioner's findings on pricing differences, leading to the pre-deposit order.

3. The appellants argued that the Commissioner failed to consider commercial factors in pricing and wrongly concluded a related person status. They emphasized the absence of common directors and mutual interest. Despite presenting evidence of commercial pricing, the Tribunal upheld the Commissioner's findings on pricing disparities. The appellants' plea for a total waiver due to financial hardship was partially accepted with a pre-deposit requirement.

4. The appellants faced severe financial hardship and requested a total waiver of duty and penalties. The Tribunal acknowledged the financial difficulties but imposed a pre-deposit condition for duty waiver. The appellants' evidence of commercial pricing and lack of mutual interest was considered, but the Tribunal emphasized the pricing differences found by the Commissioner.

5. The Tribunal deliberated on the concept of mutuality of interest and the necessity for commercial considerations in pricing. While acknowledging the appellants' arguments on lack of mutual interest, the Tribunal upheld the Commissioner's findings on pricing disparities. The pre-deposit requirement was imposed considering the overall facts, financial hardship, and compliance deadline set by the Tribunal.