2010 (1) TMI 1170 - AT - Central Excise

Summary

Issues involved: Duty demand against M/s. Urbane Industries, penalty on capital goods, penalty on Managing Partner

Duty demand against M/s. Urbane Industries:
The Commissioner of Central Excise confirmed a duty demand of &8377; 51,29,017 against M/s. Urbane Industries by clubbing the clearances of two dummy units with those of M/s. Urbane Industries. The Tribunal found merit in the contention that principles of natural justice were violated due to the non-issuance of show-cause notice to the dummy units, CTGC and GCC. Citing precedents like Ogesh Industries Vs. CCE, the Tribunal set aside the demand and penalties related to clubbing, directing a fresh decision after issuing show-cause notices to CTGC and GCC.

Penalty on capital goods:
The appellants did not dispute the demand of &8377; 1,54,396 related to capital goods, and the Tribunal upheld this demand along with the penalty of equal amount.

Penalty on Managing Partner:
A penalty of &8377; 10 lakhs was imposed on Shri R. Krishna Mohan, the Managing Partner of M/s. Urbane Industries. However, this penalty was set aside by the Tribunal along with the penalties related to the clubbing issue, emphasizing the need for adherence to principles of natural justice.

In conclusion, the appeals were partly allowed by the Tribunal, with the decision to set aside the demand and penalties related to clubbing, and the penalty imposed on the Managing Partner. The issue of clubbing was remitted for a fresh decision after show-cause notices were issued to the relevant dummy units.