1998 (5) TMI 207 - AT - Central Excise

Summary

Issues: Duty demand, penalty imposition, clubbing of units, limitation on demand, administrative control, waiver of duty and penalty, pre-deposit requirement.

Duty Demand and Penalty Imposition:
The case involved a total duty demand of Rs. 33,39,572.88 with penalties imposed on the applicants' firm and an individual. The applicants argued against the duty demand, citing certification on their license applications, annual stocktaking without objections, approved classification lists, and lack of financial flow between units. The Department contended that the demand was not time-barred, emphasizing common machinery usage, administrative control by a family member, and common partners in the units. The Tribunal found the issue of whether the units should be considered one manufacturer as a matter of evidence appreciation. It directed the appeals to be heard on the condition of a deposit of Rs. 19.00 lacs by the applicants, with a waiver of the balance amount and penalty upon compliance.

Clubbing of Units and Administrative Control:
The Tribunal noted the contentious issue of whether the units should be treated as one manufacturer due to common factors like machinery usage and administrative control by a family member. It highlighted that clubbing units cannot rely on a single factor but requires an assessment of multiple factors to determine the true nature of the units. The Tribunal found evidence suggesting control by one family over all units, leading to the decision to hear the appeal on merits subject to a pre-deposit requirement.

Limitation on Demand and Waiver of Duty and Penalty:
The applicants argued that the demand was time-barred, referencing certification on license applications from 1987. However, the Department contended that the demand period was from 1989-94, making the earlier certification irrelevant. The Tribunal found the issue of limitation to be contentious due to evidence indicating control by a family member over all units. It directed the applicants to make a deposit for the appeal to be heard on merits, with a waiver of the remaining duty and penalty upon compliance with the deposit requirement.

Pre-Deposit Requirement:
The Tribunal ordered the applicants to make a deposit of Rs. 19.00 lacs by a specified date for the appeal to be heard on merits, with a waiver of the balance duty amount and penalty. The applicants were given the option to make the pre-deposit through a cash deposit and freezing of a specific amount in their Modvat account. The compliance with the deposit requirement was scheduled to be ascertained on a specified date following the order.