2003 (10) TMI 50 - SC - Central Excise

Benefit of common funding - Held that - there are two circulars on dated 1-3-1956 and another Circular No. 6/82 dated 29-5-1992 issued by the Central Board of Excise & Customs New Delhi to the effect that a limited company should be treated as a separate entity for the purpose of exemption limit and the effect thereof had not been considered - This aspect of the matter as to the applicability of the circulars has not been examined inasmuch as the same had not been brought to the notice of the Tribunal. Therefore we think it appropriate to set aside the order made by the Tribunal and remit the matter to the Tribunal for fresh consideration in accordance with law - Decided in favour of assessee.

Summary

Issues:
1. Whether seven companies carrying out activities together can avail of exemption under Central Excise Act.
2. Applicability of circulars issued by the Central Board of Excise & Customs regarding treating a limited company as a separate entity for exemption limit.

Analysis:
1. The Supreme Court, in the present case, considered the scenario where seven companies, engaged in activities together by supplying material to each other, were found to have common funding and financial flow back to a substantial extent. The Tribunal observed that despite appearing distinct on paper, these companies were established to avail of exemption under the Central Excise Act. The costing department of one company attended to all units, and the price structure was based on norms fixed by the costing department. The Tribunal, in line with a previous judgment, held that these companies could not avail of the exemption benefit. However, the Court noted that the applicability of circulars issued by the Central Board of Excise & Customs, which treat a limited company as a separate entity for exemption limit, had not been examined by the Tribunal due to lack of notice. Consequently, the Court set aside the Tribunal's order and remitted the matter for fresh consideration in accordance with the law.

2. The Court referred to Circulars dated 1-3-1956 and 29-5-1992 issued by the Central Board of Excise & Customs, New Delhi, which emphasized treating a limited company as a separate entity for exemption limit purposes. These circulars had not been considered by the Tribunal or brought to its notice during the proceedings. Therefore, the Court decided to remit the case back to the Tribunal for a fresh evaluation, taking into account the applicability and impact of these circulars. The Court allowed the appeals, highlighting the importance of examining all relevant legal provisions and circulars that could affect the determination of exemption eligibility under the Central Excise Act.