2002 (4) TMI 613 - AT - Central Excise

Summary

Issues:
Valuation of items manufactured and supplied, imposition of duty, personal penalty, interest under Sections 11AC and 11AB, comparability of prices in contracts, assessable value determination, challenge on the point of limitation, justification for penalty imposition.

Valuation of Items Manufactured and Supplied:
The appellant disputed the valuation of items sent to their sister unit, arguing that the price should be based on the contract with the Ministry of Railways preceding the contract with their sister unit. The Commissioner erred in picking a higher price from a subsequent contract with another party, ignoring the immediate next contract with M/s. Taxmaco Ltd. The Tribunal held that the prices based on the earlier contract with the Ministry of Railways were correct assessable values, rejecting the Commissioner's approach.

Imposition of Duty, Personal Penalty, and Interest:
The Commissioner confirmed a duty amount against the appellant, along with a personal penalty and interest under Sections 11AC and 11AB. The appellant challenged this, stating that there was no fraud or intent to evade duty, and all relevant facts were disclosed to the department. The Tribunal found no justification for invoking a longer period or imposing penalties, setting aside the impugned order.

Comparability of Prices in Contracts:
The appellant argued that prices in contracts with M/s. Taxmaco Ltd. were not comparable to determine the assessable value of goods supplied to their sister unit. The Tribunal agreed, emphasizing that prices in subsequent contracts should not impact prices in earlier contracts. They held that the prices based on immediately preceding contracts were appropriate, citing previous Tribunal decisions.

Assessable Value Determination:
Regarding back stops supplied to a different entity, the Tribunal agreed with the appellant that prices for machined goods supplied elsewhere were not comparable to un-machined goods supplied to their sister unit. The demand on this ground was dropped.

Challenge on the Point of Limitation:
The appellant challenged the order on the point of limitation, arguing that all necessary details were disclosed, and there was no justification for invoking a longer period. As the demand was set aside on merits, the Tribunal did not provide an opinion on the point of limitation.

Justification for Penalty Imposition:
The Tribunal found no justification for imposing penalties on the appellant, given the lack of fraudulent intent or evasion of duty. The appeal was allowed, and the impugned order was set aside.