2000 (11) TMI 779 - AT - Central Excise

Summary

Issues:
Clubbing of clearances of excisable goods for availing Notification No. 175/86-C.E. exemption; Manufacturing activities attribution between different units; Duty imposition on exported goods; Penalty imposition on appellants.

Clubbing of Clearances Issue:
The appeals revolve around whether the clearances of excisable goods by the Appellants should be combined with those of M/s. Unique Project Fabricators Pvt. Ltd. and M/s. Mikron Industrial Components Pvt. Ltd. for Notification No. 175/86-C.E. The Collector confirmed excise duty demand, penalties, and alleged that goods were manufactured by Appellants but cleared under different names. The Appellants argued for separate units with proper machinery and permissions, emphasizing export of goods under bond. However, the Collector found discrepancies in machinery presence and raw materials at the units, leading to the decision to uphold clubbing of clearances for SSI exemption.

Manufacturing Activities Attribution Issue:
The Advocate contended that each unit operated independently with distinct machinery and staff. The Collector's findings highlighted inadequacy of machinery at the units' premises, questioning the manufacturing process and lack of evidence on goods sent for processing. The Tribunal upheld the Collector's decision, emphasizing that the units must genuinely manufacture excisable goods in their premises to qualify for exemption, dismissing the Appellants' arguments on independent operations.

Duty Imposition on Exported Goods Issue:
Regarding exported goods by M/s. Unique Project Fabricators, the Tribunal ruled that no duty should be charged on these items. The Adjudicating Authority was directed to reevaluate duty after deducting the value of exported goods, if any. This decision aimed to ensure correct duty calculation and reconsideration of penalty amounts post-duty assessment.

Penalty Imposition Issue:
The Tribunal remanded the case to the Adjudicating Authority to reassess duty demands and penalties for all appellants in line with the law. The decision highlighted the need for a proper penalty imposition process following duty recalculations, indicating a comprehensive review of penalty amounts based on the revised duty figures.

In conclusion, the judgment addressed the clubbing of clearances for exemption, manufacturing activities attribution, duty imposition on exports, and penalty reassessment, emphasizing the importance of genuine manufacturing operations for availing benefits and ensuring accurate duty calculations and penalty impositions.