2016 (11) TMI 1096 - AT - Central Excise

SSI exemption - clubbing of clearances - Held that - It is clear that the Original Authority had passed a lengthy order examining various evidences gathered during the investigation by the Department. We have perused the findings recorded in the said impugned order. We note that the Original Authority has recorded that the appellants agreed for clubbing of the clearances of ANG and DGW for the purpose of duty liability. However, it appears that they have disputed the clubbing of turnover of NGPC in the total turnover for the said purpose. After detailed discussion, the Original Authority concluded that based on the evidences that the transactions made by the three entities viz. ANG, DGW and NGPC are to be treated as a single entity for the purpose of SSI exemption. Here, we note that there is no clear finding as to what is the legal status of these three units, which of them are dummy units and which are genuine manufacturing units. This is necessary in order to fix the duty liability on a legally sustainable basis. In fact as noted above, the confirmation of duty demand is not against any particular assessee. The order simply states that an amount of ₹ 45,32,926/- is confirmed. Further, a penalty of equivalent amount was jointly imposed on the three units. The amount is not quantified for individual unit for the offences committed by them. Such joint liability of duty and penalty as held by the Original Authority is not legally sustainable. The order lacks legal clarity and has to be set aside on this ground alone. Appeal allowed by way of remand.

Summary

Issues:
- Clubbing of turnover for calculation of duty liability
- Joint imposition of penalty on multiple legal entities
- Lack of legal clarity in the order

Clubbing of turnover for calculation of duty liability:
The case involved three entities engaged in manufacturing and trading of glass articles. The Commissioner of Central Excise held that the clearances of these entities should be clubbed together for calculating duty liability. However, the appellants disputed the clubbing of turnover of one of the entities for this purpose. The Tribunal noted that there was no clear finding on the legal status of these units, which is essential to fix duty liability on a legally sustainable basis. The order lacked clarity as it did not specify against whom the duty demand was confirmed. The Tribunal referred to previous decisions emphasizing the need for a clear identification of the liable party for duty demand. Consequently, the Tribunal set aside the order and remanded the matter for a fresh decision with a requirement to determine the legal status of the units for fixing duty liability.

Joint imposition of penalty on multiple legal entities:
The Original Authority imposed a penalty of equivalent amount jointly on the three units without quantifying the penalty for individual units. The Tribunal found this joint liability of duty and penalty to be legally unsustainable. Citing previous judgments, the Tribunal highlighted that duty demand and penalties cannot be confirmed jointly and severally against multiple entities. The lack of clarity in the order led to the decision to set it aside and remand the case for a fresh decision, emphasizing the need to impose penalties on identified persons or units for any contraventions found.

Lack of legal clarity in the order:
The Tribunal observed serious legal infirmities in the impugned order due to the lack of legal clarity. The order did not clearly identify the liable party for duty demand or quantify penalties for individual units. As a result, the Tribunal set aside the order and remanded the matter back to the Original Authority for a fresh decision. The Tribunal directed the Original Authority to provide a clear finding on the status of the three units, ensuring that duty liability is imposed on an identified unit/assessee and penalties are imposed on identified persons/units for any contraventions found. The appellants were to be given the opportunity to present their case during the fresh decision-making process.