1999 (8) TMI 428

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....ir production and clearances have to be clubbed under the excise law. The Collector of Central Excise also held that both these appellants are related to M/s. Target Marketing Pvt. Ltd. with mutuality of interest, therefore, the extra consideration received by M/s. Target Marketing Pvt. Ltd. would have to be added to the assessable value. 2. Ld. Sr. Counsel, Sh. Joseph Vellapally, appearing on behalf of the appellants, submits that M/s. Primlaks Waffles Pvt. Ltd. and Western India Chocolate Pvt. Ltd. are independent manufacturers having their own independent manufacturing units on separate plots and both have separate financial arrangements, workers and separate income-tax and sales-tax registrations and separate excise licence. He ....

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....resent case, no investigation was conducted in respect of the manufacturer on whose behalf the appellants are manufacturing the goods, as held by the Collector nor there is any evidence to show the financial flow back to that manufacturer. 4. In respect of M/s. Target Marketing Pvt. Ltd., he submits that the Commissioner of Central Excise, in the impugned order without any cogent reasons, held that M/s. Primlaks Waffles Pvt. Ltd., Western India Chocolate Pvt. Ltd. and M/s. Target Marketing Pvt. Ltd. are related persons. He submits that M/s. Target Marketing Pvt. Ltd. is merely a zonal distributor in Maharashtra, Madhya Pradesh and Gujarat and there is no mutuality of interest and no financial flow back from M/s. Target Marketing Pvt....

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....mpugned order, the Collector held that both the appellants are manufacturing the goods on behalf of the same manufacturer. The only evidence relied by the Collector is that one Hemani family, who was controlling M/s. Pittwatter Enterprieses, Hongkong, is funding the appellants. As there is a single source of fund, the appellants are one company. The Tribunal in the case of Rang Udyog v. C.C.E., Ahmedabad reported in 1996 (83) E.L.T. 648 (Tribunal) held that in the case of even common partners, common machines, when there is no evidence of financial flow back from one to another, the clearances of two units cannot be clubbed. The Tribunal in the case of Padma Packages (P) Ltd. v. C.C.E., Coimbatore reported in 1997 (90) E.L.T. 175 (Tribunal)....