2000 (11) TMI 456 - AT - Central Excise

Tribunal grants partial waiver in excisable goods case, directs deposit of Rs. 4 lakhs, stays recovery pending appeal

The Tribunal granted a partial waiver in a case involving the clubbing of clearances for excisable goods between two units. The appellant was directed to ... Stay/Dispensation of pre-deposit Issues:Four applications for waiver of pre-deposit of duty of excise confirmed and penalty imposed by the Commissioner, Central Excise under Order No. 13/2000 dated 9-6-2000.Analysis:1. Clubbing of Clearances:The appellant contended that the clearance of excisable goods by two separate units should not be clubbed as there was no financial flow back between them. The appellant argued that the statements relied upon by the Department lacked the signature of any Central Excise Officer, making them inadmissible as evidence under the Central Excise Act. The appellant emphasized the independence of both units, citing separate labor forces, premises separated by Wiremesh, separate electricity connections, and the mere application of anti-corrosion oil by one unit to goods bought from the other. The appellant also highlighted a previous decision stating that common workers are not a material fact.2. Opposing Arguments:The Respondent, opposing the application, referred to the Commissioner's findings indicating common control, workforce, management, stores, and other shared aspects between the two units. The Respondent argued that various statements, including those under Section 14 of the Central Excise Act, corroborated each other, supporting the conclusion that the units were essentially one entity. The Respondent also cited a precedent where clubbing of clearances was upheld due to common procurement of raw materials and shared financial arrangements.3. Decision and Order:After considering both sides' submissions, the Tribunal found the issue of clubbing clearances to be arguable. Due to the financial position and losses incurred by the appellant, a partial waiver was granted. The Tribunal directed the appellant to deposit Rs. 4 lakhs towards duty within four weeks, with the remaining duty and penalty waived upon compliance. The recovery of the waived amounts was stayed during the appeal's pendency, with a compliance report due on 20-12-2000.This judgment addressed the complex issue of clubbing clearances for excisable goods between two units, evaluating factors such as shared workforce, control, and financial arrangements. The Tribunal's decision balanced the arguments presented by both parties, considering the financial hardship claimed by the appellant alongside the evidence of commonality between the units. The outcome provided a partial waiver based on the appellant's financial position, highlighting the importance of compliance with duty payments while the appeal process continued.