1996 (11) TMI 202 - AT - Central Excise

Summary

Issues: Duty demand calculation based on clubbing of clearances from two firms and eligibility for benefit under Notification No. 235/85-C.E.

Duty Demand Calculation:
The case involved a duty demand of Rs. 1,43,843/- and a penalty of Rs. 15,000/- imposed on the appellant. The main contention was regarding the clubbing of clearances from two firms, M/s. Uni-Offset Printers and M/s. Ideal Packaging. The Technical Adviser for the appellant argued that clearances from 1-4-1992 to 1-10-1992 should not have been clubbed as M/s. Ideal Packaging was a partnership firm until 1-10-1992 when it became solely owned by Naresh Shroff. The Respondent contended that since Naresh Shroff was a partner in M/s. Ideal Packaging and the sole proprietor of M/s. Uni-Offset Printers, the two firms should be considered as one entity. The Tribunal analyzed the evidence and held that to establish that two firms are the same, there must be evidence of mutuality of interest, integrality of operations, and financial flow back. It was noted that the lower authority had not applied a thorough analysis and had based its decision on presumption rather than concrete evidence. The Tribunal concluded that until 1-10-1992, the two units should be treated as independent, but thereafter, the clearances should be clubbed.

Eligibility for Benefit under Notification No. 235/85-C.E.:
The appellant claimed entitlement to the benefit under Notification No. 235/85-C.E., dated 15-11-1985. The Respondent argued that the appellant had not followed the procedural formalities required to claim this benefit. The Tribunal examined the evidence and found that the appellant had not complied with the procedure laid down in the notification. The adjudicating authority had also noted this non-compliance in the impugned order. Consequently, the Tribunal rejected the appellant's plea for the benefit under the notification. The duty demand was adjusted based on the independent treatment of the two units until 30-9-1992 and thereafter. The penalty imposed on the appellant was reduced to Rs. 7,500/-.

In conclusion, the Tribunal upheld the duty demand calculation adjustment and rejected the appellant's claim for the benefit under Notification No. 235/85-C.E. The penalty imposed was reduced, and the clearances of the two firms were to be clubbed only from 1-10-1992 onwards.