1999 (7) TMI 299 - AT - Central Excise

Summary

Issues:
1. Clubbing of clearances of different manufacturing units.
2. Existence of manufacturing units prior to a specific date.
3. Evidence of financial flow back between units for clubbing clearances.

Analysis:
Issue 1: The Collector of Central Excise ordered the clubbing of clearances of M/s. Deep Colour Coatings and M/s. Deep Jyoti Paints & Chemical Corporation with M/s. Deep Jyoti Paint Industries due to the belief that the former units were not in existence as manufacturing units before a specified date. The appellants contested this decision, providing evidence that both units were actively manufacturing paints and varnishes before the mentioned date. They presented documentation, such as license agreements, declarations, and registration certificates, to support their claim.

Issue 2: The appellants demonstrated that M/s. Deep Colour Coatings and M/s. Deep Jyoti Paints & Chemical Corporation were indeed operational manufacturing units before the critical date. They established that M/s. Deep Colour Coatings began operations in 1981 as a partnership firm, with clear documentation of their manufacturing activities, machinery purchases, and interactions with regulatory authorities. Similarly, M/s. Deep Jyoti Paints & Chemical Corporation provided evidence of their manufacturing activities dating back to 1979, supported by S.S.I. registration certificates and other official documentation.

Issue 3: The absence of evidence regarding financial flow back between the units raised doubts about the justification for clubbing their clearances. The appellants argued that without proof of common funding and financial transactions between the units, clearances should not be combined. This argument was supported by legal precedents, including a decision by the Hon'ble Rajasthan High Court and a ruling by the Tribunal. As there was no substantiated evidence of financial flow back to M/s. Deep Jyoti Paint Industries, the tribunal found insufficient grounds for the clubbing of clearances.

In conclusion, the tribunal set aside the impugned order and allowed the appeals based on the lack of conclusive evidence to support the clubbing of clearances between the different manufacturing units.