2002 (10) TMI 728 - AT - Central Excise

Issues involved: Appeal against order confirming demand for inclusion of costs of moulds in assessable value of glass product, invoking extended period of limitation, penalty imposition.

Inclusion of costs in assessable value:
The appeal challenged the order to include costs of moulds in the assessable value of the glass product manufactured by the appellant. The appellant accepted that these costs were includible following a decision of the Larger Bench of the Tribunal. However, the appellant argued against the extended period of limitation invoked for clearances made between February 1988 to January 1993, contending that the notice alleging suppression was not justified solely based on a wrong statement regarding the consideration received. The appellant cited judgments to support the argument that the extended period cannot be invoked without intent to evade duty, especially when the legal position was unsettled at the relevant time.

Applicability of extended period of limitation:
The Tribunal considered the applicability of the extended period of limitation in the case. Despite the appellant's incorrect statement regarding the costs of moulds, the Tribunal held that the facts did not justify the application of the extended period. It was noted that the legal position regarding the inclusion of such costs in the assessable value was unclear at the relevant time, leading the appellant to a reasonable belief that the costs were not includible. Therefore, the demand for the extended period was set aside, while the appeal failed with regard to duty claims within the normal period of limitation.

Decision and outcome:
The appeal was allowed in part, setting aside the demand for duty for the extended period of limitation and the penalty imposed on the appellant. The Assistant Commissioner was directed to determine and communicate the duty payable within the normal period.

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