2003 (12) TMI 201 - AT - Central Excise

Summary

Issues: Duty confirmation against manufacturing unit, imposition of personal penalty, related person status, mutuality of interest, financial flowback.

In this case, both appeals were taken up together as they arose from the same set of facts and circumstances. The manufacturing unit, engaged in producing iron and steel products, was charged with duty amounting to Rs. 55,634 based on undervaluation of goods sold to a related trading unit. The lower authorities found the two units to be related due to common ownership, shared address, and lower pricing for goods sold to the trading unit. The appellant challenged the order, arguing that mere operational proximity does not establish related person status without mutuality of interest and financial flowback. The consultant presented evidence showing varied pricing for different buyers, refuting the undervaluation claim. The appellate tribunal considered these arguments and found that without financial interconnection and mutual interest, the trading unit could not be deemed related to the manufacturing unit. As a result, the impugned order was set aside, and the appeal was allowed in favor of the appellants, granting them consequential relief.