1999 (4) TMI 358 - AT - Central Excise

Summary

Issues Involved:
1. Clubbing of clearances of various units.
2. Eligibility for exemption under Notifications 85/85 and 175/86-C.E.
3. Allegations of common management and control.
4. Financial transactions and assistance among the units.
5. Allegations of mis-statement and suppression of facts.
6. Validity of the extended period of limitation for duty demand.

Issue-wise Detailed Analysis:

1. Clubbing of Clearances:
The Collector of Central Excise, Bombay, demanded duty and imposed penalties on several units, including M/s. Process Plant (India), M/s. Industrial Products, and M/s. Neelam Industries, under Section 11A(2) of the Central Excise Act, 1944, and Rule 9(2) of the Central Excise Rules, 1944. The issue centered on whether clearances of these units should be clubbed and whether they were eligible for exemption under Notifications 85/85 and 175/86-C.E. The Collector argued that these units operated under common management and were not independent entities, thus avoiding central excise duty.

2. Eligibility for Exemption:
The units claimed benefits of exemption under Notifications 85/85 and 175/86-C.E., arguing they were independent entities. However, the Collector found that the units were interdependent, sharing raw materials, technical know-how, and financial assistance from M/s. Troika Processes Pvt. Ltd. He concluded that the units did not have independent pricing systems and were essentially extensions of M/s. Troika, thus not entitled to the exemptions.

3. Allegations of Common Management and Control:
The Collector noted that the units had common directors and partners, indicating common management and control. Statements from various individuals confirmed that M/s. Troika provided raw materials, technical guidance, and financial assistance to the other units, reinforcing the claim of common management. The Collector concluded that the units were not independent and were created to evade excise duty.

4. Financial Transactions and Assistance:
The Collector relied on statements indicating that M/s. Troika provided financial assistance to the other units without charging interest. This assistance included working capital and lump-sum amounts adjusted against products manufactured by the units. The Collector argued that this financial interdependence further proved the lack of independence of the units.

5. Allegations of Mis-statement and Suppression of Facts:
The show cause notice alleged that the units had willfully mis-stated and suppressed facts to evade central excise duty. The Collector found that the units had not disclosed their interdependence and common management, justifying the extended period of limitation for the duty demand.

6. Validity of Extended Period of Limitation:
The appellants argued that the duty demand was barred by limitation, as the units had been in existence before the issuance of the exemption notifications and had separate registrations with various authorities. The Tribunal found merit in this argument, noting that the units had operated as independent entities and that the Department had not proven willful mis-statement or suppression of facts.

Conclusion:
The Tribunal found that the Department had not disputed the independent existence of the units before the issuance of the exemption notifications. The Tribunal also found that common management and financial assistance did not necessarily prove that the units were not independent. The Tribunal concluded that the impugned order did not sustain either on law or on facts and set aside the order, allowing all 11 appeals with consequential benefits to the appellants.