1993 (11) TMI 113 - AT - Central Excise

Issues Involved:
1. Applicability of Exemption Notification No. 120/75-C.E.
2. Relationship between Simac and Singer.
3. Validity of the review order by the Collector of Central Excise.
4. Denial of principles of natural justice.
5. Eligibility for exemption under Notification No. 120/75-C.E.

Detailed Analysis:

1. Applicability of Exemption Notification No. 120/75-C.E.:
The main issue was whether the appellants were eligible for availing of the exemption under Notification No. 120/75-C.E., dated 30-4-1975. This notification allowed Central Excise duty to be calculated on the basis of the invoice price charged by the manufacturer for the sale of goods falling under Item No. 68 of the Tariff. The Tribunal noted that the notification was intended to relieve manufacturers from the burden of duty on the excess assessable value over the invoice price. The Tribunal found that the relationship between Simac and Singer, although more than that of a normal buyer and seller, did not influence the invoice prices to an extent that would disqualify Simac from the exemption. The Tribunal concluded that the benefit of the exemption could not be denied to Simac under the facts and circumstances of this case.

2. Relationship between Simac and Singer:
The Collector of Central Excise had argued that the commercial and other relationships between Simac and Singer influenced the invoice prices, thus violating condition (iv) of the proviso to Notification No. 120/75-C.E. The Tribunal, however, found that the relationship, including quality control, packing, and financial arrangements, did not suffice to deny the exemption. The Tribunal emphasized that there was no evidence that the invoice prices were influenced by the relationship or that any part of the proceeds from subsequent sales by Singer accrued to Simac.

3. Validity of the Review Order by the Collector of Central Excise:
The appellants argued that the Collector had gone beyond the purview of Section 35A of the Act by taking cognizance of subsequent investigations and extending the area of enquiry. The Tribunal agreed that the Collector's review order, which included new contraventions and invoked penal provisions, was not justified. The Tribunal referenced several decisions supporting the view that the reviewing authority could not go beyond the scope of the original order under review.

4. Denial of Principles of Natural Justice:
The appellants contended that the principles of natural justice were denied as the witnesses whose testimony was relied upon were not cross-examined. The Tribunal found that there was no request for cross-examination in reply to the show cause notice and that cross-examination is not always indispensable, depending on the facts and circumstances of each case. The Tribunal cited several decisions supporting this view.

5. Eligibility for Exemption under Notification No. 120/75-C.E.:
The Tribunal concluded that Simac was eligible for the exemption under Notification No. 120/75-C.E., dated 30-4-1975. The Tribunal found that the involvement of Singer in Simac's activities did not influence the invoice prices to an extent that would disqualify Simac from the exemption. The Tribunal noted that the relationship between Simac and Singer was created by the sale of goods and that there was no evidence that the invoice prices were influenced by this relationship.

Conclusion:
The appeal was allowed, and the impugned order by the Collector of Central Excise, Bombay II, was set aside with consequential relief to the appellants. The Tribunal found that the benefit of exemption Notification No. 120/75-C.E. could not be denied to Simac under the facts and circumstances of this case.

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