2003 (6) TMI 431 - AT - Central Excise

Tribunal grants relief to assessees, dismisses Department's appeals, upholds separate SSI exemptions

The Tribunal set aside the impugned order and allowed the appeals of the assessees with consequential relief. The Department's appeals were dismissed as ... Value of clearances - Clubbing of - Demand and penalty Issues Involved:1. Clubbing of clearances for duty evasion.2. Denial of SSI exemption under Notification 175/86.3. Financial transactions and flow back of funds.4. Commonality of interest among the units.5. Imposition of duty and penalties.Issue-wise Detailed Analysis:1. Clubbing of Clearances for Duty Evasion:The primary issue was whether the clearances of different units should be clubbed together for the purpose of excise duty. The adjudicating authority had clubbed the clearances of six units, treating them as one entity due to commonality of interest and non-payment of royalty by other units to RCPL. However, the Tribunal found that the non-payment of royalty was due to accounts not being finalized, as clarified by RCPL. The advertisement expenses incurred by RCPL were also justified as being in their interest to popularize their brand. The Tribunal concluded that there was no financial flow back to RCPL from other units, making the clubbing of clearances unjustified. The Tribunal referenced the Padma Packages (P) Ltd. v. CCE, Coimbatore case, which held that common directors in separate legal entities do not justify clubbing clearances.2. Denial of SSI Exemption Under Notification 175/86:The show cause notice alleged that the units were dummies of RCPL and proposed to deny SSI exemption under Notification 175/86. The Tribunal found that the units were filing necessary returns, classification lists, and RT12 returns, indicating their independent existence. The Tribunal emphasized that the units were separate legal entities entitled to individual exemptions, as supported by the Central Board of Excise and Customs Circular and Government of India letter.3. Financial Transactions and Flow Back of Funds:The Tribunal examined the financial transactions and found no evidence of financial flow back from the other units to RCPL. The allegations of financial assistance and flow back were rebutted by the appellants, who provided detailed explanations and evidence of independent business dealings. The Tribunal noted that the Department failed to provide concrete evidence to prove financial flow back, thus weakening the case for clubbing clearances.4. Commonality of Interest Among the Units:The Department alleged that the units shared common directors, premises, and staff, suggesting commonality of interest. However, the Tribunal found that common directors and shared resources do not automatically imply that the units are not independent. The Tribunal referenced various judicial pronouncements that common premises, staff, and directors are not sufficient grounds for clubbing units unless there is evidence of financial flow back or operational control.5. Imposition of Duty and Penalties:The Tribunal concluded that the confirmation of duty on RCPL was incorrect as the products were manufactured by other units. Consequently, the imposition of penalties was also deemed incorrect, as it was based on the erroneous confirmation of duty. The Tribunal emphasized that without evidence of duty evasion or financial flow back, the imposition of duty and penalties was unjustified.Conclusion:The Tribunal set aside the impugned order and allowed the appeals of the assessees with consequential relief. The Department's appeals were dismissed as they failed to prove that the units were dummies or that there was financial flow back to RCPL. The Tribunal upheld the independent existence of the units and their entitlement to separate SSI exemptions.