1996 (8) TMI 270 - AT - Central Excise

Summary

Issues: Clubbing of clearances effected by sister units, Manufacturing activities control, Excise license requirement for manufacturing goods, Clubbing of clearances justification.

Analysis:

The appeal in question pertains to the clubbing of clearances effected by sister units engaged in manufacturing goods under Tariff Item 68. The dispute revolves around whether the sister units manufactured goods on behalf of the appellants or operated as independent entities. The appellants argued that the sister units, M/s. Ashoka Moulders Pvt. Ltd. and M/s. Ashok Engineering Works, were separate legal entities and their manufacturing activities were not controlled by the appellants. They contended that the phrase "on behalf of the appellants" was irrelevant in the absence of evidence demonstrating control over the manufacturing process. The appellants relied on legal precedents to support their stance that the units did not manufacture goods on behalf of the appellants.

On the other hand, the Revenue contended that M/s. Ashoka Industries, one of the sister units, did not have an excise license for manufacturing goods falling under Tariff Item 68. The Revenue argued that the sister units exclusively manufactured goods for the appellants and, therefore, the clearances effected by these units should be clubbed with those of the appellants. It was emphasized that the units were sister concerns and the department was justified in treating their clearances as goods manufactured for and on behalf of the appellants.

Upon careful consideration of the submissions, the Tribunal found that the Collector's decision to club the clearances of the sister units with those of the appellants was not legally sustainable. The Tribunal observed that the mere fact that the sister units did job work exclusively for the appellants did not establish that they manufactured goods on behalf of the appellants. The Tribunal noted the absence of evidence showing control over the manufacturing activities of the sister units by the appellants or any mutual interest between them. Additionally, it was acknowledged that the sister units were independent entities. Consequently, the Tribunal accepted the appellants' contentions and set aside the impugned order, allowing the appeal in favor of the appellants.

In conclusion, the Tribunal's decision focused on the lack of evidence demonstrating control over manufacturing activities and mutual interest between the appellants and the sister units. The judgment emphasized the importance of establishing a clear nexus between the manufacturing entities to justify the clubbing of clearances.