2008 (8) TMI 746 - AT - Central Excise

Summary

Issues:
1. Failure to issue show cause notice to other two units for clubbing clearances with the appellant's unit.
2. Prima facie failure of the Revenue to follow basic legal principles.
3. Request for extension of stay order by the Revenue.

Analysis:

Issue 1: Failure to issue show cause notice to other two units
The appellant argued that the Revenue demanded duty against the appellant's unit based on clubbing clearances of two other units without issuing show cause notices to them. The appellant relied on various judgments to support the non-sustainability of such proceedings. The Bench directed the Departmental Representative to explain the failure to issue show cause notices to the other units. The objections raised by the Joint Director highlighted that no proposal was made in the show cause notice to club the clearances of the other units with the appellant's unit. The Revenue contended that the show cause notice was issued following prescribed procedures and that no prejudice was caused to the appellant's rights. The Bench found a clear failure on the part of the Commissioner in not applying basic legal principles. It directed the Joint Director to explain the lapse and granted an opportunity for defense. The matter was scheduled for further hearing.

Issue 2: Prima facie failure of the Revenue to follow basic legal principles
The appellant reiterated that the other two units were not dummy units and emphasized the need for show cause notices to be issued to them. The Bench acknowledged the failure of the Revenue to issue show cause notices to the other units, indicating a lack of adherence to legal principles. It decided to call upon the Joint Director to explain the lapse and provide an opportunity for defense. The matter was adjourned for further proceedings.

Issue 3: Request for extension of stay order by the Revenue
The Revenue sought an extension of the stay order to prevent the recovery of any amount. The Bench clarified that the stay order already in place prevented the Revenue from recovering any amount until the appeal's disposal. It referenced the Apex Court's ruling on the Tribunal's inherent power to extend stay orders. The Registry was instructed to send a copy of the order to the concerned party.

This detailed analysis of the judgment highlights the issues raised, the arguments presented by both parties, the legal principles applied, and the directions given by the Bench for further proceedings.