2015 (10) TMI 138
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.... ORDER Per: B S V Murthy: M/s HPC Electricals Ltd. (HPCEL) are engaged in the manufacture of Electrical Control Panels. One of the Directors of the company by name, Shri Jayarama Reddy who is also M.D. of HPCEL has a proprietary concern, by name, M/s Hindustan Engineering Corporation (HEC). After investigation and visit to the premises of HPCEL and recovery or records and verification, etc., pr....
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....rther, the Commissioner (Appeals) has simply ignored the statement of Shri Jayarama Reddy wherein he had agreed that HEC is only a trading firm. It was also observed in the 'Grounds of Appeal' that it is not a case of clubbing as observed by the Commissioner (Appeals) and therefore, the requirements for clubbing the two units are not required to be fulfilled in this case. The belated retra....
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..... He also draws my attention to the invoices related to the year 1990-91 and required machineries were purchased by HEC and draws my attention to the fact that during the period, the depreciation cost of the machineries had been shown in the Balance Sheet which shows that the appellants have the machinery for the production of the electric control panels which requires only a compressor, drilling ....
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....and manpower has not been verified and discussed. The original authority could have asked for details of persons employed and actual consumption of electricity and could have verified whether electricity consumption and manpower / employees were sufficient or not for the production shown by HEC. This also has not been done. The fact that there was another statement of one Shri Krishna Reddy who wa....
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