2002 (9) TMI 790 - AT - Central Excise

Summary

Issues:
1. Whether M/s. V.S. Polypack can be treated as a dummy unit of the appellant.
2. Whether the turnover of M/s. V.S. Polypack should be included in the value of clearances of the appellant for assessing eligibility under Notification No. 9/99.
3. Whether the provisions of Notification Nos. 83/94 and 84/94 are applicable in this case.

Issue 1:
The appellant contended that M/s. V.S. Polypack cannot be considered a dummy unit, providing detailed explanations of the separate operations, registrations, and financial transactions of the two entities. The Tribunal agreed with the appellant, emphasizing that the mere common partnership and loan transactions do not justify clubbing the two units. Citing precedents, the Tribunal highlighted that under similar circumstances, clubbing was not permissible. The Tribunal concluded that the material presented did not support treating M/s. V.S. Polypack as a dummy unit.

Issue 2:
Regarding the inclusion of M/s. V.S. Polypack's turnover in the appellant's clearances for SSI benefit assessment, the Tribunal analyzed Notification No. 9/99 clauses. It noted that aggregation requires multiple factories or manufacturers, which were absent in this case. With only one factory operated by the appellant, the conditions for aggregating values were not met. The Tribunal found that the provisions of the notification did not justify including M/s. V.S. Polypack's turnover in the appellant's clearances.

Issue 3:
The Revenue relied on Notification Nos. 83/94 and 84/94 to argue for adding the value of goods manufactured by job workers for V.S. Polypack to the appellant's clearances. However, the Tribunal rejected this argument, stating that the legal fiction in the notifications was not intended for such aggregation. Additionally, it was highlighted that these notifications were inapplicable as V.S. Polypack did not have a factory for further manufacturing, and no undertaking as required by the notifications was given. The Tribunal concluded that Notification Nos. 83/94 and 84/94 did not apply in this case.

In conclusion, the Tribunal ruled in favor of the appellant, setting aside the impugned order and allowing the appeal. The judgment clarified the distinct status of M/s. V.S. Polypack, rejected the clubbing of turnovers for SSI benefit assessment, and dismissed the applicability of Notification Nos. 83/94 and 84/94 in the given circumstances.