2006 (8) TMI 90 - AT - Central Excise

Clubbing of clearance Alleged that M/s Auto Engineering Corporation is a dummy unit of M/s Auto India and they clubbed the clearances Authority rejected the allegation and declared that both are the independent unit

Summary

Issues: Revenue's appeal against Order-in-Appeal, Clubbing of clearances, Imposition of penalties, Allegations of dummy unit, Financial flow-back, Machinery sufficiency

In this case, the Revenue filed appeals against the Order-in-Appeal passed by the Commissioner (Appeals) regarding the clubbing of clearances of two units and the imposition of penalties. The Show-cause Notice was issued to impose penalties on the ground that one unit was a dummy unit created to avail small scale exemption notification. The adjudicating authority confirmed the demand treating one unit as a manufacturer and imposed penalties. However, the Commissioner (Appeals) reviewed the evidence and found that both units were independent entities, setting aside the demands.

The Revenue, aggrieved by the Commissioner (Appeals) order, contended that there was oral evidence showing both units were managed by one family, with common employees, and that the dummy unit lacked sufficient machinery for manufacturing goods. Upon reviewing the records and hearing both sides, the Tribunal found that the Commissioner (Appeals) had correctly assessed the evidence. The Commissioner found no financial flow-back between the units, confirmed the sufficiency of machinery in the dummy unit for manufacturing goods, and noted separate power arrangements. The Tribunal observed that the Revenue's appeals did not challenge the specific findings made by the Commissioner (Appeals) in favor of the respondents. As the appeals were based on grounds mentioned in the show-cause notice and did not contest the Commissioner's findings, the Tribunal dismissed the Revenue's appeals for lacking merit.