2005 (9) TMI 456 - AT - Central Excise

Summary

Issues:
The Revenue challenged the Order-in-Original by CE, Bangalore, alleging that smaller units manufacturing different products were dummy units of the appellant.

Summary:
The Counsel argued that the Revenue failed to prove the smaller units were dummy units, emphasizing independent registrations, bank accounts, and business operations. Citing Tribunal rulings, the Counsel contended that shared facilities did not indicate dummy units.

The Revenue claimed that the smaller units were dummy units based on shared business operations and lack of fund transfers. The Counsel countered that the units existed independently, citing Tribunal cases and emphasizing the absence of fund flow back.

After hearing both sides, it was determined that all units operated independently with separate registrations. The mere fact that the appellant gave business to other units did not make them dummy units. The absence of fund flow back and separate filings under various legislations supported the conclusion that the units were not dummy. The Commissioner's order was upheld as detailed and legally sound, leading to the rejection of the appeal.