2002 (2) TMI 765 - AT - Central Excise

Summary

Issues:
1. Determination of duty on detergent cakes manufactured by the appellant.
2. Validity of the show cause notice based on an erroneous calculation of value.
3. Applicability of Section 4A for determining duty.
4. Relevance of the maximum retail price in the determination of duty.

Analysis:

1. The appellant, a manufacturer of detergent cakes, faced a demand for duty on cakes not accounted for in the stock register and cleared without payment of duty. The Additional Commissioner ordered duty recovery, confiscation of unregistered goods, and imposed a penalty. The appellant argued that duty calculation was incorrect due to Notification 55/97, requiring duty determination under Section 4A based on the maximum retail price. The matter was remanded for redetermination of duty, confirming the penalty but upholding other aspects of the order.

2. The appellant contended that the entire notice was illegal due to an erroneous value calculation. However, the Tribunal rejected this argument, citing precedent that errors in a notice do not invalidate it. The Tribunal emphasized that incorrect duty demand does not render a notice invalid, as long as the demanded duty does not exceed the amount specified in the notice. The Tribunal distinguished a previous case where duty demand was found to be unlawful, deeming it irrelevant in the current context.

3. The Tribunal dismissed the appellant's argument regarding the unavailability of the maximum retail price at the relevant time, noting that this point was not raised before the Commissioner (Appeals) during the remand process. The Tribunal suggested that such points should be raised before the adjudicating authority to whom the matter has been remanded, indicating that it was not appropriate for them to consider the issue.

4. Ultimately, the appeal was dismissed, affirming the decisions regarding duty redetermination under Section 4A, the validity of the show cause notice despite errors, and the necessity for the appellant to address concerns about the maximum retail price during the remand proceedings. The judgment highlighted the importance of correct duty determination and adherence to procedural requirements in customs matters.