2000 (8) TMI 1056 - AT - Central Excise

CEGAT Chennai Overturns Central Excise Order, Emphasizes Unit Independence

The Appellate Tribunal CEGAT, Chennai set aside the Commissioner of Central Excise's order denying SSI exemption to three units and imposing penalties. ... SSI Exemption - Value of clearances - Clubbing of Issues:Challenge to the confirmation of demand by Commissioner of Central Excise, imposition of penalties on units, denial of SSI exemption, clubbing of clearances, independent units vs. dummy units, flow back of funds, retraction of statements under duress, classification of goods, deductions under CE Act.Analysis:The Appellate Tribunal CEGAT, Chennai addressed the challenge against the confirmation of demand by the Commissioner of Central Excise, which denied the SSI exemption to three units and imposed penalties on them. The case involved the alleged creation of two dummy units to restrict turnover within the exemption limit. The defence argued that all three units were independent and engaged in repair and trading activities, not manufacturing. The appellants contended that the units were separately registered, had distinct trading activities, and no financial flow back occurred among them.The Tribunal considered the arguments presented by both parties. It noted discrepancies in the investigation, including the failure to determine if goods required further processing after returning to Brinda Industrials. The Tribunal highlighted the necessity to assess whether the units were truly independent or merely on paper as dummy units. It emphasized the need to scrutinize evidence regarding the units' existence and financial interactions. The Tribunal found that the Commissioner's order lacked detailed analysis and failed to address critical aspects raised by the appellants.Consequently, the Tribunal set aside the impugned order and remanded the case for fresh consideration by the original authority. The appellants were to be given a full opportunity to establish the independence of the units, clarify the manufacturing activities, and demonstrate that goods cleared were within the exemption limit. The Tribunal directed a comprehensive reevaluation of all aspects raised in defence, including deductions under the CE Act, to ensure a thorough and well-founded decision.