2003 (11) TMI 464 - AT - Central Excise

Summary

Issues:
Determination of duty demand based on cost of production vs. actual selling price.

Analysis:

The judgment by the Appellate Tribunal CESTAT, Mumbai involved identical issues arising from two separate orders of the Commissioner (Appeals) regarding duty demands on two companies. The duty demand on M/s. Fiat India for the period April 1998 to June 2001 and on M/s. Premier Automobiles Ltd. for the period June 1996 to March 1998 was confirmed by adopting the cost of production of vehicles as the normal price, rejecting the actual selling price sold below the cost of manufacture.

Upon hearing both sides, the Tribunal referred to a Supreme Court case - Commissioner of Customs, New Delhi v. Guru Nanak Refrigeration Corpn., where it was held that in the absence of any allegation regarding the wholesale price being different from the actual selling price or any flow back of money, the normal price is ascertainable. The Tribunal upheld the wholesale price as the correct price, following previous Supreme Court judgments. The appellants argued that they maintained prices in line with market competition due to launching new car models. The Revenue failed to distinguish the case law, and thus, the Tribunal applied the Supreme Court's judgment, holding the wholesale price as the normal price.

Based on the above discussion and legal principles, the Tribunal set aside the impugned orders and allowed the appeals, ruling in favor of the appellants.