2003 (6) TMI 45 - AT - Central Excise

Summary

Issues: Allegation of manufacturing goods by hired laborers, duty payment, penalty imposition

In this case, a common notice was issued to a company, its employees, and a proprietor alleging that the company engaged hired laborers to manufacture goods out of supplied materials. The notice demanded duty payment on the inputs and proposed penalties. The Commissioner found that the laborers were hired by the company and demanded duty, ordered confiscation of goods, and imposed penalties. The company contended that the goods were manufactured by the laborers, not them, as they had no control over the activity. The department argued that the company was the manufacturer. The basis for the charge was statements by the proprietor of the laborers' company, indicating that he was working on behalf of the company. The Tribunal found insufficient evidence to conclude that the company was the manufacturer. The laborers undertook the physical process of manufacturing, and there was no evidence to show the company controlled the process. The laborers operated independently, receiving materials, converting them, and returning them. The Tribunal concluded that the laborers were hired workers, and if duty was payable, it should be demanded from them. Therefore, penalties were not imposable on anyone, and the appeals were allowed, setting aside the impugned order.