1996 (8) TMI 319 - AT - Central Excise

Summary

Issues Involved:
1. Validity of the Show Cause Notice (SCN) issued by the Additional Collector.
2. Whether M/s. Prakash Engg. Works and M/s. Ganesh Engg. Works are dummy units of M/s. Gopi Engg. Works.

Detailed Analysis:

1. Validity of the Show Cause Notice (SCN) Issued by the Additional Collector:
The primary issue was whether the SCN issued by the Additional Collector was in accordance with the law. The appellant argued that only the Collector could issue such notices, making the SCN void. The Tribunal examined various judicial precedents, including decisions from the Karnataka High Court and the Bombay High Court, which held that the term "Collector" includes "Additional Collector" as per Rule 2(ii) of the Central Excise Rules (CER). The Tribunal cited the Bombay High Court's reasoning that "if for the purpose of the Rules, an Addl. Collector is to be equated as a Collector, that equation would endure even for the purpose of the Act." The Tribunal concluded that the Additional Collector had the authority to issue the SCN, and thus, the SCN was valid.

2. Whether M/s. Prakash Engg. Works and M/s. Ganesh Engg. Works are Dummy Units of M/s. Gopi Engg. Works:
The second issue was whether M/s. Prakash Engg. Works and M/s. Ganesh Engg. Works were dummy units created to avail exemption and avoid excise duty. The Tribunal noted several facts:
- All three units operated from the same premises.
- They shared common resources like a manager, telephone, and electricity.
- The raw materials were stored together, and accounts were not maintained separately.
- Invoices were issued by M/s. Gopi Engg. Works in the names of the other two units.
- The Managing Director of M/s. Gopi Engg. Works admitted that the other two units were floated by him and managed by his sons, who were inexperienced.

The Tribunal distinguished the present case from other cited cases by the appellant, where firms were held to be separate despite some commonalities. Here, the Tribunal found compelling evidence that the other two units were not independent but were created to avoid excise duty. The Tribunal upheld the adjudicating authority's decision to club the production of the three units and demand duty accordingly.

Conclusion:
The Tribunal concluded that the SCN issued by the Additional Collector was valid, and M/s. Prakash Engg. Works and M/s. Ganesh Engg. Works were dummy units of M/s. Gopi Engg. Works. The demand for duty was upheld, and the penalty on M/s. Gopi Engg. Works was reduced to Rs. 10,000. The appeals were disposed of accordingly.