2008 (8) TMI 705 - AT - Central Excise

Summary

Issues:
1. Stay petitions filed against Order-in-Original dated 13-3-2008 by Commissioner of Customs and Central Excise, Nasik.
2. Differential duty demand of Rs. 25,73,350/- confirmed by the Commissioner.
3. Penalty of Rs. 1,00,000/- each imposed on Shri Dilip S. Coulagi and Mrs. Nayana D. Coulagi.
4. Manufacturing of PP Medicines by M/s. Sigma Laboratories Ltd. for M/s. Adelphi Pharmaceuticals and M/s. Heilen Lab under loan license agreement.
5. Relationship between Shri D.S. Coulagi, Mrs. Nayana D. Coulagi, and M/s. Sigma, M/s. Adelphi, and M/s. Heilen.
6. Control and ownership of goods, related party transactions, and manufacturing arrangements.
7. Non-disclosure of agreement details and share structure to the Department.
8. Comparison with previous Tribunal's order in the case of M/s. Heilen.
9. Direction for pre-deposit of a sum of Rs. Ten lakhs by M/s. Sigma.

Analysis:
1. The stay petitions were filed against the Order-in-Original dated 13-3-2008 by the Commissioner, confirming the demand of differential duty of Rs. 25,73,350/- and imposing a penalty of Rs. 1,00,000/- each on Shri Dilip S. Coulagi and Mrs. Nayana D. Coulagi. The Tribunal heard both sides and reviewed the records.
2. M/s. Sigma Laboratories Ltd. were involved in the manufacturing of PP Medicines for M/s. Adelphi Pharmaceuticals and M/s. Heilen Lab under a loan license agreement from 1-6-2002 to 31-3-2005.
3. The relationship between Shri D.S. Coulagi, Mrs. Nayana D. Coulagi, and the companies involved indicated significant influence and control over the manufacturing and selling processes.
4. The Tribunal observed that the manufacturing arrangement was not merely on a job work basis but appeared to be an arrangement between family members for the manufacture and sale of products, raising concerns about related party transactions and arm's length pricing.
5. Non-disclosure of agreement details and share structure to the Department invoked the extended period of five years under the Central Excise Act, 1944.
6. A comparison was drawn with a previous Tribunal's order in the case of M/s. Heilen, highlighting differences in the manufacturing and handling of goods between the cases.
7. The Tribunal directed M/s. Sigma to pre-deposit a sum of Rs. Ten lakhs towards duty within eight weeks, with further actions contingent on compliance with the directive to avoid stay vacation and dismissal of appeals.