1998 (5) TMI 384 - AT - Central Excise

Summary

Issues:
1. Whether the discount claimed by the appellant-firm is admissible under the contract terms.
2. Whether the longer period of limitation applied by the adjudicating authority is correct.

Analysis:

Issue 1: Admissibility of Discount Claimed:
The appellant firm entered into two contracts with M/s. India Metal and Ferro Alloys (IMFA) for the supply of Carbon Electrode Paste at a specified price with a discount condition. The first contract required lifting 600 M.T. by a certain date to avail a discount, but only 500.045 M.T. was lifted. The second contract stipulated a similar discount condition but was also not fulfilled. The adjudicating authority disallowed the discount due to non-fulfillment of contract terms. The appellant argued that the discount should be allowed as it was already passed on to the customer. However, the tribunal agreed with the authority, stating that the discount was contingent on fulfilling the contract terms, which was not done. Therefore, the denial of the discount was upheld based on the contractual obligations not being met.

Issue 2: Application of Longer Period of Limitation:
The appellant contended that the demand was time-barred as the show cause notice was issued beyond six months. The lower authority rejected this argument, citing wilful suppression of crucial information regarding non-fulfillment of contract conditions. The tribunal supported this decision, emphasizing that the suppression of material facts affecting the discount's admissibility justified the longer limitation period. Consequently, the plea of limitation was dismissed, and the appeal was rejected based on the upheld denial of the discount.

In conclusion, the appellate tribunal affirmed the adjudicating authority's decision to disallow the discount claimed by the appellant due to non-compliance with the contract terms. Additionally, the tribunal supported the application of a longer limitation period based on the appellant's suppression of vital information, leading to the dismissal of the appeal.