1998 (12) TMI 208 - AT - Central Excise

Summary

Issues Involved: Determination of whether the clearances of two manufacturing units should be clubbed due to alleged common financial involvement and control.

Summary:
1. The Commissioner of Central Excise held that the two units had common financial involvement and control, leading to the clubbing of their clearances, demand of Rs. 68,727/-, interest payment, and a penalty on one unit. The appellants challenged this order.

2. The units were accused of clearing goods without paying Central Excise duty, lacking proper licenses, and not following procedures. Investigations revealed common control by a family member, shared office premises, staff, and machinery, and interlinked financial transactions. A show cause notice was issued, and the appellants defended the units' separate entity status.

3. The appellants argued that the units were separate entities with distinct registrations, management, and financial records. They denied common ownership and highlighted separate operations and accounts. The units presented their case as independent entities.

4. The appellants contended that the units were distinct with separate registrations and financial controls, citing precedents where clearances were not clubbed due to independent operations. They emphasized the lack of financial flow back between the units.

5. The Counsel referenced legal precedents where clearances were not clubbed for geographically separate units with independent financial controls. They argued against clubbing based on shared facilities and common staff, asserting the units' independence.

6. Legal precedents were cited to support the appellants' claim of separate entity status despite shared directors and processes. The Counsel emphasized the importance of financial independence in determining whether clearances should be clubbed.

7. The Respondent argued for clubbing clearances based on shared financial transactions and machinery usage. They claimed common funding and control, suggesting the units were interlinked financially.

8. The Tribunal found that shared facilities alone did not prove one unit was a dummy of the other. Without evidence of common funding or financial flow back, clubbing clearances was not justified.

9. Following legal principles requiring mutual funding and financial flow back to consider one unit a dummy of the other, the Tribunal ruled in favor of the appellants, holding the units as independent entities and disallowing the clubbing of their clearances.