1995 (5) TMI 110 - AT - Central Excise

Summary

Issues Involved:
1. Classification of the product "Tilting Type Grinder."
2. Clubbing of clearances for determining eligibility for exemption under Notification No. 175/86-C.E.
3. Time-bar of the demands.
4. Imposition of penalty.

Summary:

1. Classification of the Product "Tilting Type Grinder":
The Tribunal noted that the Collector failed to address the classification issue. The appellants argued that the product should be classified under sub-heading 8479.00 as "Machines and mechanical appliances having individual functions, not specified or included elsewhere in this chapter," rather than under sub-heading 8509.00, which pertains to "Electro-mechanical domestic appliances with self-contained electric motor." The Tribunal referenced the Madras High Court ruling in Collector of Central Excise v. Alco Industries, which held that wet grinders without inbuilt electric motors do not fall under the category of domestic electrical appliances. Consequently, the classification under sub-heading 8509.00 was set aside. The Tribunal held that any fresh show-cause notice for changing the classification would be barred by time, referencing the ruling in Jyothi Laboratories.

2. Clubbing of Clearances for Exemption Eligibility:
The Tribunal examined whether the clearances of all the appellants could be clubbed to deny the benefit of Notification No. 175/86-C.E. The Collector's findings were based on the relationship between Shri Doraiswamy and the other units, the sale of production to Santha Industrials, and the control over supply and inputs. The Tribunal found that the units were independently registered and had separate financial transactions, registrations, and dealings. The Tribunal emphasized that business arrangements for supply of inputs, production standards, and financial arrangements do not automatically imply that the units are dummy or fragmented to evade duty. The Tribunal concluded that the evidence did not support the clubbing of clearances and that the units were independent entities.

3. Time-Bar of the Demands:
The Tribunal noted that the department had prior knowledge of the manufacturing activities and had initiated proceedings against some units for other products. Statements and declarations made to the department indicated awareness of the manufacture of "Santha" brand tilting wet grinders. The Tribunal held that the demands were barred by limitation as the department was aware of the facts and there was no suppression of information.

4. Imposition of Penalty:
Given that the clearances could not be clubbed and the demands were time-barred, the Tribunal found no grounds for imposing penalties. The order of the Collector was set aside, and all appeals were allowed with consequential reliefs.

Conclusion:
The Tribunal concluded that the classification under sub-heading 8509.00 was incorrect, the clearances of the units could not be clubbed, the demands were time-barred, and no penalties were imposable. The appeals were allowed, and the impugned order was set aside.