2003 (2) TMI 134 - AT - Central Excise

Summary

Issues:
Interception of goods for duty evasion, clubbing of clearances, duty demand, confiscation of goods, penalty imposition, application of small scale exemption, common ownership of units, common machinery and workers, remand for fresh decision.

Analysis:
The case involved interception of goods and statement of partners leading to suspicion of duty evasion by two units owned by the same family. The department proposed duty recovery and confiscation of goods for clubbing clearances of both units to misuse small scale exemption. The Commissioner confirmed duty demand on one unit for fragmenting value of clearances and imposed penalties on partners of both units. The Commissioner's decision was based on the proviso to Section 11A(1) of the Central Excise Act, 1944.

Partners of both units were listed, and it was revealed that common machinery and workers were used for manufacturing the same product, indicating a connection between the units. The Commissioner's decision to hold both units liable was challenged, citing a Supreme Court judgment where only the real manufacturer was held liable. The case was remanded for fresh adjudication, emphasizing the need to treat limited companies as separate entities for exemption limits, as per Supreme Court precedent.

The Appellate Tribunal set aside the Commissioner's order and remanded the case for reconsideration. The Commissioner was directed to provide a fair hearing to the parties and consider relevant circulars on entity treatment for exemption limits. The decision highlighted the importance of correctly attributing liability and considering legal precedents for fair adjudication. The appeals were allowed for remand, emphasizing the need for a thorough and just reconsideration of the case.