1996 (9) TMI 370 - AT - Central Excise

Summary

Issues:
1. Appeal numbers confusion and deletion of old numbers.
2. Allegations of suppression and time-barring of demand.
3. Ownership and control of manufacturing units.
4. Exemption notification applicability on cycle accessories.

Analysis:
1. The judgment dealt with the confusion regarding appeal numbers and directed the Registry to delete old numbers, clarifying that there were only four appeals instead of six. The Department had filed two appeals against an order passed by the Additional Collector.

2. The Department alleged suppression and invoked a larger period in the show cause notice. However, the Tribunal noted that the notice lacked specific allegations required under Section 11A of the Act. Citing the Supreme Court's stance on clear allegations in show cause notices, the Tribunal ruled that the demand was time-barred in the Department's appeals.

3. The issue of ownership and control of manufacturing units was raised, with the Department contending that both units were controlled by a specific individual. The party's representative argued that the units were managed independently by the ladies and that the original statements were given under duress. The Tribunal found in favor of the party, accepting their argument.

4. The judgment also discussed the applicability of an exemption notification (No. 3/86) issued by the Central Government on cycle accessories falling under Item 68 of the First Schedule to the Act. The Tribunal noted that the exemption starting from 19-6-1980 made the demand from that date unsustainable. Consequently, the Tribunal disposed of all appeals based on the exemption notification and the time-barring of the Department's demand.