2004 (10) TMI 408 - AT - Central Excise

Summary

Issues: Allegation of dummy unit for availing SSI benefits, clubbing of clearances, violation of natural justice, time bar plea

The case involved an appeal before the Appellate Tribunal CESTAT, Bangalore regarding the allegation that M/s. Chaitanya Polypack Industries was a dummy unit for M/s. Chandana Plastics Ltd. to avail Small Scale Industries (SSI) benefits. The Commissioner had held that the clearances of both units needed to be clubbed, based on factors like working arrangements, common use of premises and machinery, lack of independent capital, labor, and management in M/s. Chaitanya Polypack Industries. The Tribunal referenced the case law Commissioner of Central Excise, New Delhi v. Modi Alkalies & Chemicals Ltd. to support the revenue's contention. The Tribunal found that the appellants failed to establish a case on merits, and rejected the plea of time bar, noting that the demand was not barred. The plea of violation of natural justice was also dismissed as the appellants were heard, and there was no evidence that the Advocate only represented one unit during the hearing. Consequently, the Tribunal upheld the duty demand, affirming the Commissioner's decision and dismissing the appeal.

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