2004 (7) TMI 569 - AT - Central Excise

Summary

Issues:
Determining assessable value of processed fabrics based on sale price vs. Ujagar Prints formula; Applicability of extended period of limitation for demand.

Analysis:
The case involved the appellants engaged in manufacturing grey fabrics sent for processing to various units. The dispute arose when the department sought to determine the assessable value of processed fabrics cleared from one unit leased by the appellants based on the sale price at which the appellants sold their goods, rather than the Ujagar Prints formula. A show cause notice was issued proposing recovery of additional Central Excise Duty and penalties. The appellants contested the demand on the grounds of limitation.

During the proceedings, it was noted that the appellants did not contest the method of determining assessable value but challenged the demand's limitation. The appellants had followed the Ujagar Prints formula for valuation in their price lists, which were approved by the department. The Excise authorities had not directed the appellants to revise the price lists based on Section 4 of the Central Excise Act, indicating acceptance of the Ujagar Prints formula for the appellants' own fabrics. The audit team had raised objections unrelated to valuation method, further supporting the appellants' position.

The Tribunal found that the department had not issued any notice to the appellants regarding the adoption of the sale price formula as per Section 4, despite the appellants disclosing the use of the Ujagar Prints formula in their price lists. As a result, it was concluded that the extended period of limitation was not applicable, and the demand was deemed barred by limitation. Consequently, the duty demand and penalties were set aside, and the appeals were allowed.