2007 (10) TMI 502 - AT - Central Excise

Summary

Issues:
Central Excise duty dispute against M/s. Vijay Laxmi Plasto Pack Pvt. Ltd., validity of detention order, recovery of excise dues from the successor, jurisdiction of the Commissioner (Appeals).

Analysis:
The appeal was filed by the revenue against the impugned order passed by the Commissioner (Appeals) regarding a Central Excise duty dispute with M/s. Vijay Laxmi Plasto Pack Pvt. Ltd. The case involved a series of ownership changes where the unit was first taken over by Rajasthan Financial Corporation, then purchased by M/s. Shashank Polymers, and finally acquired by the present respondent. The detention order issued by the Superintendent was challenged before the Commissioner (Appeals).

The Commissioner (Appeals) correctly noted that the pending excise dues were not being recovered from the actual successor, M/s. Gyan Jyot Enterprises Pvt. Ltd., but from Rajasthan Financial Corporation, which had taken over the plant and machinery of M/s. Vijay Laxmi Plasto Pack Pvt. Ltd. and subsequently sold it to different entities. The Commissioner (Appeals) highlighted that the department had not pursued the recovery of dues with Rajasthan Financial Corporation despite issuing a detailed letter to them. It was emphasized that the detention order against the appellant was premature as they had already deposited a substantial amount with Rajasthan Financial Corporation, who was considered the successor twice in the chain of ownership transfers.

The Commissioner (Appeals) rightly concluded that since the matter of excise dues was still pending with the actual successor, Rajasthan Financial Corporation, the detention order against the appellant was unjust and premature. Therefore, the detention order was set aside, and the appeal was allowed based on the factual position that the excise dues recovery was not appropriately directed towards the rightful successor.

In light of the above findings and the fact that the excise dues recovery was still pending with Rajasthan Financial Corporation, the judgment upheld the decision of the Commissioner (Appeals) that the detention order against the appellant was unjust and premature. Consequently, the appeal was dismissed, affirming the reasoning that there was no merit in challenging the decision given the circumstances surrounding the ownership changes and the recovery of excise dues from the successor.

(Order dictated and pronounced in the open Court)