2002 (3) TMI 129 - AT - Central Excise

Summary

Issues Involved:
The appeal filed by M/s. Vaicom Electronics (P) Ltd. questioning the Review Order's scope and the existence of mutuality of interest between the appellants and M/s. Baron International Ltd.

Scope of Review Order:
The issue revolved around whether the Review Order passed by the Commissioner of Central Excise was beyond the scope of the Show Cause Notice (SCN) and if there was any mutuality of interest between the appellants and M/s. Baron International Ltd. The Deputy Commissioner vacated the SCN, stating no relationship between the appellants and M/s. BIL. However, the Commissioner reviewed the order, considering M/s. BIL as the real manufacturer, leading to the appeal.

Existence of Mutuality of Interest:
The appellants contended that there was no mutuality of interest between M/s. BIL and themselves, emphasizing that the SCN lacked evidence supporting such a claim. They argued that the price at which goods are sold to the brand owner buyer should be the basis, not the market price. The agreement between M/s. BIL and the appellants detailed the procurement and pricing arrangements, further supporting the absence of mutual interest.

Review Order Analysis:
The Tribunal analyzed the submissions from both sides and found discrepancies between the SCN and the Review Order. The Adjudicating Authority's findings did not establish mutuality of interest, and the Commissioner's order deviated from the original grounds. The Tribunal agreed with the appellants that the Review Order exceeded the SCN's scope and should have been confined to points arising from the original order.

Decision and Ruling:
Ultimately, the Tribunal allowed the appeal, noting the lack of evidence supporting mutuality of interest. The Tribunal emphasized that the Review Order introduced new elements not present in the original proceedings, contravening the limitations of Section 35E of the Central Excise Act. Additionally, the Tribunal highlighted the absence of findings establishing the appellants as a dummy unit of M/s. BIL, further supporting the decision to set aside the impugned order. The appeal was thus allowed in favor of M/s. Vaicom Electronics (P) Ltd.