2007 (5) TMI 92 - AT - Central Excise

Stay/Dispensation of pre-deposit - Revenue contended that appellant were not entitle for SSI exemption on the ground that the clearance value of units were clubbed -Held that revenue contention not correct and pre-deposit of duty and penalty waived and recovery thereof stayed

Summary

Issues:
1. Allegation of front companies created for evasion of excise duty.
2. Clubbing of clearance value of multiple units for duty demand.
3. Common use of premises and manufacturing facilities.
4. Applicability of SSI exemption and penalty imposition.

Analysis:
1. The Commissioner alleged that the applicant-company was a front for other manufacturing companies to evade excise duty. The Commissioner claimed that the applicant-company, along with two other entities, shared common directors, premises, and finished products. A show cause notice was issued proposing duty demand by clubbing the clearance value of all units. The adjudicating authority confirmed the duty demand and imposed penalties on the applicant-company and its Director.

2. The advocate for the applicants argued that no show-cause notice was issued to the other units, making the duty demand on their clearance value unsustainable. It was contended that the three units maintained separate excise formalities without financial flow between them. Citing precedents, it was argued that clubbing clearance values without evidence of fund flow is not legally sustainable.

3. The Revenue contended that since all three units shared the same premises, finished goods, raw materials, and manufacturing processes, clubbing their clearance values was justified. Reference was made to a Supreme Court decision supporting this argument.

4. Upon review, the Tribunal found that while the units shared common manufacturing facilities, the lands were separate, each unit had independent operations, and there was no evidence of significant financial interdependence. The Tribunal noted that common directors and machinery alone are insufficient for clubbing clearance values and denying SSI exemption. Consequently, the demand for duty by clubbing the units was deemed not maintainable, and the duty recovery and penalties were stayed pending appeal.

This judgment highlights the importance of establishing substantial financial connections between entities before clubbing their clearance values for duty demands, emphasizing the need for concrete evidence beyond common facilities or directors.