1990 (3) TMI 89 - HC - Central Excise

Summary

Issues Involved:
1. Determination of the real manufacturer of electrical laminations.
2. Validity of the excise authorities' directions and show cause notice.
3. Legality of the prosecution against Apex Electricals.

Summary:

1. Determination of the Real Manufacturer of Electrical Laminations:
The central issue was whether Apex Electricals was the real manufacturer of electrical laminations produced by six processors. The court examined whether the six processors were independent entities or merely dummies of Apex Electricals. The excise authorities argued that Apex Electricals was the real manufacturer since the processors worked on a job work basis, merely receiving labor charges. However, the court found no evidence that Apex Electricals had financial or managerial control over the processors. The processors were independently managed, purchased their machinery without financial help from Apex Electricals, and also worked for other companies. The court concluded that the transactions between Apex Electricals and the processors were on a principal-to-principal basis, and the processors were not dummies of Apex Electricals.

2. Validity of the Excise Authorities' Directions and Show Cause Notice:
The excise authorities directed Apex Electricals to apply for a loan license and follow the prescribed procedure, treating the declarations filed by the processors as unacceptable. Apex Electricals challenged these directions, arguing that the processors were independent entities. The court found that the excise authorities' reliance on certain circumstances (e.g., simultaneous approach by processors, identical declarations, and purchase of machinery) was insufficient to conclude that the processors were dummies of Apex Electricals. The court held that the show cause notice issued to Apex Electricals was time-barred and without jurisdiction, as there was no suppression or concealment of material facts by the processors or Apex Electricals.

3. Legality of the Prosecution Against Apex Electricals:
The court also addressed the prosecution launched against Apex Electricals based on the order of the Collector. Since the court found that the processors were independent entities and there was no justification for treating Apex Electricals as the real manufacturer, the prosecution was deemed unjustified. The court quashed the show cause notice, the order passed by the Collector, and the prosecution against Apex Electricals.

Conclusion:
The court allowed all the petitions, declaring the actions of the excise authorities as illegal. The show cause notice and the order dated 27-11-1984 passed by the Collector were quashed, and the prosecution against Apex Electricals was also set aside. The rule in each petition was made absolute with no order as to costs.